Minimum Age Convention, 1973 (No. 138) - Bahamas (Ratification: 2001)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: observation and direct request

Article 1 of the Convention. National policy. Following its previous comments, the Committee notes the Government’s indication, in its report, that the National Policy for the Prevention and Elimination of Child Labour (NCLP) was adopted in 2021 by the National Tripartite Council (NTC), in collaboration with the ILO Office. The Government further indicates that the second Decent Work Country Programme (2021–26) (DWCP) was launched in December 2021, the aim of which is the general promotion of decent work, particularly in the framework of the recovery and reconstruction in the aftermath of Hurricane Dorian and the COVID-19 pandemic. Consequently, the DWCP should contribute to the elimination of child labour by mitigating some of the push factors that are inducing children to work (such as poverty or lack of decent work opportunities for their families). Moreover, the Committee observes that one of the outputs of the DWCP is to enhance national statistics on priority areas, including on the economic activities of children and youth. The Committee encourages the Government to continue taking the necessary measures to ensure the progressive elimination of child labour. It requests the Government to provide information on the progress made and results achieved, in particular in terms of the effective reduction of the prevalence of child labour, through the implementation of the NCLP and DWCP. It also requests the Government to provide updated statistics on the employment of children in economic activities in the Bahamas.

Article 2(1). Scope of application and labour inspection. Following its previous comments, the Committee notes the Government’s indication that the amendments to the Employment Act that the NTC and Department of Labour will undertake are expected to strengthen the powers of the labour inspectorate to increase the protection of children from child labour. This is also highlighted as an objective of the DWCP. The Committee requests the Government redouble its efforts to ensure that the capacity of the labour inspectorate is strengthened, and its reach expanded into the informal economy. It requests the Government to continue providing information on specific measures taken in this regard, as well as on the results achieved, including the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate.

Article 2(2) and (3). Raising the minimum age for admission to employment or work and the age of completion of compulsory schooling. Following its previous comments, and in response to the Government’s information in its report, the Committee recalls that there is no disparity between the age of admission to employment or work and the age of completion of compulsory schooling in the Bahamas, which are both 16 years of age according to national legislation. The disparity exists between the minimum age for employment or work in national legislation (16 years by virtue of section 7 of the Child Protection Act of 2007) and the minimum age for employment or work specified by the Bahamas at the time of ratification of the Convention (14 years). The Committee therefore encourages the Government to consider the possibility of sending a declaration under Article 2(2) of the Convention, thereby notifying the Director-General of the ILO that it has raised the minimum age to employment or work from 14 to 16 years of age.

Article 3(2). Determination of types of hazardous work. Following its previous comments, the Committee notes the Government’s indication that the NTC and the Department of Labour will review and amend the Employment Act in a manner to satisfy the Committee’s request with regard to the adoption of a list of types of hazardous work. Considering that the Committee has been raising this question for more than ten years, the Committee urges the Government take the necessary measures, without delay, to ensure that a list of types of hazardous work prohibited for persons under the age of 18 years is elaborated, in consultation with the social partners, and adopted in the very near future. It requests the Government to provide information on any progress made in this regard and as to supply a copy of the list once it has been adopted.

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. The Committee notes, as it did in its previous comments, that section 7(3)(a) of the Child Protection Act provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. It further notes that, under section 50 of the Employment Act, children under 14 years of age may only be employed in the undertakings listed in the First Schedule, which are: grocery packers, gift wrappers, peanut vendors, newspaper vendors, or any film as may be approved by the Minister of Labour. The Committee therefore considers that, when these two provisions are read together, the minimum age for admission to light domestic, agricultural or horticultural work should be 14 years. On the other hand, the Committee observes that there is no minimum age set for light work of children under 14 years employed in the undertakings listed in the First Schedule of the Employment Act.

The Government indicates that it is anticipated that the NTC will amend the Employment Act to include a clearly defined category of “light work”. In this regard, the Committee once again draws the Government’s attention to Article 7(4) of the Convention which allows for a lower minimum age of 12 years for light work, only if the specified minimum age is 14 years as per Article 2(4) of the Convention, while Article 7(1) sets 13 years as the minimum age for light work, if the minimum age declared is 15 years or above. The Government should therefore take into consideration that when the minimum age for admission to employment or work is raised from 14 to 16 years, as per Article 2(2) and (3) of the Convention, the minimum age for light work should also be set accordingly. The Committee once again urges the Government to take the necessary measures without delay to bring the national legislation in line with the Convention by clearly determining the light work activities that may be permitted to children of 13 years and above , and the conditions in which such employment or work may be undertaken. It requests the Government to provide information on any progress made in this regard.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 1 of the Convention. National policy. In its previous comments, the Committee had requested the Government to take the necessary measures to adopt a national policy on child labour.

The Committee notes that the Government’s report does not contain any information on this matter. However, the Committee notes the Government’s indication that since 2014, the country has been actively participating in the ILO’s Regional Initiative – Latin America and the Caribbean Free of Child Labour which is an intergovernmental platform for cooperation to end child labour. Within the framework of this initiative, a Rapid Assessment (RA) on child labour was conducted in 2016. The Committee notes from a document published by the ILO on the key findings from the RA, that children between the ages of 7 and 17 are involved in economic activities, either on their own or with adult guardians, mainly in service or trade-oriented supermarkets, roadside selling, fishing, working on ferries or boats, collecting and selling seashells, car washing, and work in the wholesale and retail market. According to this report, most of these activities are undertaken exclusively after school hours, during weekends or holidays and hence does not affect school attendance. However, these children do not have time to rest properly, undertake homework or play with siblings after school. This report further indicates that although the vast majority of economic activities performed by children in the Bahamas do not fall under the definition of child labour as they are not hazardous or exploitative, there is a significant risk of child labour on the conditions associated with the informal working arrangements, such as selling between lanes and roads, standing in the hot sun or rain for long hours, working in the night, walking very long distances to collect and return with items to sell, and working in small and confined spaces. The Committee, referring to the General Survey of 2012 on the fundamental Conventions (paragraph 330), emphasizes that the Convention aims to protect children’s ability to attend school as well as to regulate the types of economic activity which are permissible for them and the appropriate conditions for such work and to protect their health, safety and morals. Moreover, the Convention reflects the convictions of the ILO’s constituents that childhood is a period of life which should not be devoted to work, but to full physical and mental development of children. Taking into account the information in the report, the Committee requests the Government to provide information on the specific measures taken to prevent children from falling into child labour, including within the framework of the ILO Regional Initiative, and the results achieved.

Article 2(1). Scope of application and labour inspection. The Committee previously observed that the minimum age for admission to employment, established under section 50(1) of the Employment Act 2001 only applies to formal undertakings whereas the majority of children work in the informal economy.

The Committee notes the Government’s indication that strong efforts are being taken to strengthen the labour inspection services in order to ensure the protection of children working in all sectors, including children working on their own account or in the informal economy. The Committee requests that the Government provide specific information on the measures taken with regard to strengthening the capacity and expanding the reach of the labour inspectorate in the informal economy.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(2) and (3) of the Convention. Raising the minimum age for admission to employment or work and the age of completion of compulsory schooling. The Committee previously noted that the minimum age for admission to employment or work specified by the Bahamas at the time of ratification was 14 years. It also noted that section 7(2) of the Child Protection Act of 2007 establishes a minimum age of 16 years for admission to employment or work. Furthermore, the Committee noted that, by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years.

The Committee notes the Government’s indication in its report that efforts will be taken through a Tripartite Council to rectify the situation and raise the minimum age to 16 as laid down in the national legislation. The Committee welcomes this information and expresses the firm hope that the Government will take the necessary measures to raise the minimum age for admission to employment or work from 14 years (initially specified) to 16 years in accordance with the Child Protection Act and in accordance with the age of completion of compulsory schooling under the Education Act. In this regard, the Committee requests the Government to consider the possibility of sending a declaration under Article 2(2) of the Convention thereby notifying the Director-General of the ILO that it has raised the minimum age that it had previously specified.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee had noted that draft regulations under the Health and Safety at Work Act, which include provisions determining the types of hazardous work prohibited for persons under 18 years of age, had been approved by the tripartite social partners.

The Committee notes the Government’s information that the draft regulations under the Health and Safety at Work Act have not yet been finalized. It states that these draft regulations will be presented again to the Tripartite Council and will be finalized. The Committee once again expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the draft regulations on the list of types of hazardous work prohibited for persons under the age of 18 years, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard as well as to supply a copy of the list, once it has been adopted.

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. The Committee previously noted that section 7(3)(a) of the Child Protection Act provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. The Committee requested the Government on several occasions to provide information on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from the age of 12 years.

The Committee notes the Government’s indication that these regulations determining light work activities will be presented to the Tripartite Council and will be finalized. In this regard, the Committee may wish to draw the Government’s attention to Article 7(4) of the Convention which allows for a lower minimum age of 12 years for light work, only if the specified minimum age is 14 years as per Article 2(4) of the Convention, while Article 7(1) sets 13 years as the minimum age for light work, if the minimum age declared is 15 years or above. Hence, the Committee requests the Government to take into consideration that in the event of any progress with regard to the raising of the minimum age for admission to employment or work from 14 to 16 years as per Article 2(2) and (3) of the Convention, the minimum age for light work should also be amended accordingly. The Committee once again urges the Government to take the necessary measures without delay to bring the national legislation in line with the Convention by determining the light work activities that may be permitted to children of 12 or 13 years and above, subject to raising of the minimum age, and the conditions in which such employment or work may be undertaken by them. It requests the Government to provide information on any progress made in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1 of the Convention. National policy. In its previous comments, the Committee had requested the Government to take the necessary measures to adopt a national policy on child labour.

The Committee notes that the Government’s report does not contain any information on this matter. However, the Committee notes the Government’s indication that since 2014, the country has been actively participating in the ILO’s Regional Initiative – Latin America and the Caribbean Free of Child Labour which is an intergovernmental platform for cooperation to end child labour. Within the framework of this initiative, a Rapid Assessment (RA) on child labour was conducted in 2016. The Committee notes from a document published by the ILO on the key findings from the RA, that children between the ages of 7 and 17 are involved in economic activities, either on their own or with adult guardians, mainly in service or trade-oriented supermarkets, roadside selling, fishing, working on ferries or boats, collecting and selling seashells, car washing, and work in the wholesale and retail market. According to this report, most of these activities are undertaken exclusively after school hours, during weekends or holidays and hence does not affect school attendance. However, these children do not have time to rest properly, undertake homework or play with siblings after school. This report further indicates that although the vast majority of economic activities performed by children in the Bahamas do not fall under the definition of child labour as they are not hazardous or exploitative, there is a significant risk of child labour on the conditions associated with the informal working arrangements, such as selling between lanes and roads, standing in the hot sun or rain for long hours, working in the night, walking very long distances to collect and return with items to sell, and working in small and confined spaces. The Committee, referring to the General Survey of 2012 on the fundamental Conventions (paragraph 330), emphasizes that the Convention aims to protect children’s ability to attend school as well as to regulate the types of economic activity which are permissible for them and the appropriate conditions for such work and to protect their health, safety and morals. Moreover, the Convention reflects the convictions of the ILO’s constituents that childhood is a period of life which should not be devoted to work, but to full physical and mental development of children. Taking into account the information in the report, the Committee requests the Government to provide information on the specific measures taken to prevent children from falling into child labour, including within the framework of the ILO Regional Initiative, and the results achieved.

Article 2(1). Scope of application and labour inspection. The Committee previously observed that the minimum age for admission to employment, established under section 50(1) of the Employment Act 2001 only applies to formal undertakings whereas the majority of children work in the informal economy.

The Committee notes the Government’s indication that strong efforts are being taken to strengthen the labour inspection services in order to ensure the protection of children working in all sectors, including children working on their own account or in the informal economy. The Committee requests that the Government provide specific information on the measures taken with regard to strengthening the capacity and expanding the reach of the labour inspectorate in the informal economy.

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

Article 2(2) and (3) of the Convention. Raising the minimum age for admission to employment or work and the age of completion of compulsory schooling. The Committee previously noted that the minimum age for admission to employment or work specified by the Bahamas at the time of ratification was 14 years. It also noted that section 7(2) of the Child Protection Act of 2007 establishes a minimum age of 16 years for admission to employment or work. Furthermore, the Committee noted that, by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years.

The Committee notes the Government’s indication in its report that efforts will be taken through a Tripartite Council to rectify the situation and raise the minimum age to 16 as laid down in the national legislation. The Committee welcomes this information and expresses the firm hope that the Government will take the necessary measures to raise the minimum age for admission to employment or work from 14 years (initially specified) to 16 years in accordance with the Child Protection Act and in accordance with the age of completion of compulsory schooling under the Education Act. In this regard, the Committee requests the Government to consider the possibility of sending a declaration under Article 2(2) of the Convention thereby notifying the Director-General of the ILO that it has raised the minimum age that it had previously specified.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee had noted that draft regulations under the Health and Safety at Work Act, which include provisions determining the types of hazardous work prohibited for persons under 18 years of age, had been approved by the tripartite social partners.

The Committee notes the Government’s information that the draft regulations under the Health and Safety at Work Act have not yet been finalized. It states that these draft regulations will be presented again to the Tripartite Council and will be finalized. The Committee once again expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the draft regulations on the list of types of hazardous work prohibited for persons under the age of 18 years, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard as well as to supply a copy of the list, once it has been adopted.

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. The Committee previously noted that section 7(3)(a) of the Child Protection Act provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. The Committee requested the Government on several occasions to provide information on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from the age of 12 years.

The Committee notes the Government’s indication that these regulations determining light work activities will be presented to the Tripartite Council and will be finalized. In this regard, the Committee may wish to draw the Government’s attention to Article 7(4) of the Convention which allows for a lower minimum age of 12 years for light work, only if the specified minimum age is 14 years as per Article 2(4) of the Convention, while Article 7(1) sets 13 years as the minimum age for light work, if the minimum age declared is 15 years or above. Hence, the Committee requests the Government to take into consideration that in the event of any progress with regard to the raising of the minimum age for admission to employment or work from 14 to 16 years as per Article 2(2) and (3) of the Convention, the minimum age for light work should also be amended accordingly. The Committee once again urges the Government to take the necessary measures without delay to bring the national legislation in line with the Convention by determining the light work activities that may be permitted to children of 12 or 13 years and above, subject to raising of the minimum age, and the conditions in which such employment or work may be undertaken by them. It requests the Government to provide information on any progress made in this regard.

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

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Article 1 of the Convention. National policy. In its previous comments, the Committee expressed the hope that a national policy on child labour would be elaborated in the near future.

The Committee notes with regret an absence of information in the Government’s report on this matter. The Committee recalls that, under Article 1 of the Convention, each member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee therefore requests that the Government take the necessary measures to ensure that a national policy on child labour will be adopted without delay and to provide information on developments in this respect.

Article 2(1). Scope of application and labour inspection. The Committee previously observed that the minimum age for admission to employment, established under section 50(1) of the Employment Act 2001 only applies to formal undertakings whereas the majority of children work in the informal economy. In this regard, it noted the Government’s indication that it had initiated the process of hiring additional labour inspectors to conduct the requisite inspection of workplaces in which children may be engaged in labour. Noting the absence of information in the Government’s report on this point, the Committee requests that the Government provide information on the measures taken to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in all sectors, including children working on their own account or in the informal economy.

Article 2(2) and (3). Raising the minimum age for admission to employment or work and the age of completion of compulsory schooling. The Committee previously noted that the minimum age for admission to employment or work specified by the Bahamas at the time of ratification was 14 years. It also noted that section 7(2) of the Child Protection Act establishes a minimum age of 16 years for admission to employment or work. Furthermore, the Committee noted that, by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years. Noting the absence of information in the Government’s report, the Committee once again requests that the Government indicate whether it intends to raise the minimum age for admission to employment or work from 14 years (initially specified) to 16 years in accordance with the Child Protection Act and in accordance with the age of completion of compulsory schooling under the Education Act. If so, the Committee draws the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee requests that the Government would consider the possibility of sending a declaration of this nature to the Office.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee noted that a delegation from the Bahamas attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011 which aimed to enhance skills for the preparation of a list of hazardous work through internal consultations and collaboration.

The Committee notes the Government’s statement that draft regulations under the Health and Safety at Work Act, which include provisions determining the types of hazardous work prohibited for persons under 18 years of age, have been approved by the tripartite social partners. The Committee expresses the firm hope that the draft regulations on the list of types of hazardous work prohibited for persons under the age of 18 years will be adopted in the near future. It requests that the Government provide information on any progress made in this regard as well as to supply a copy of the list, once it has been adopted.

Article 7. Light work. The Committee previously noted that section 7(3)(a) of the Child Protection Act provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. The Committee noted the Government’s indication that it would undertake to provide information to the Committee on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from the age of 12 years.

The Committee notes with regret that despite its raising this issue since 2004, the Government has not provided any information on the measures taken or envisaged in this regard. The Committee recalls that Article 7(1) and (4) of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health and development; (b) not such as to 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 also recalls that according to Article 7(3) of the Convention, the competent authority shall determine what constitutes light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee urges the Government to take the necessary measures without delay to bring the national legislation in line with the Convention by determining the light work activities that may be permitted to children of 12 years and above and the conditions in which such employment or work may be undertaken by them. It requests that the Government provide information on any progress made in this regard.

Application of the Convention in practice. In its previous comments, the Committee requested that the Government provide information on the manner in which the Convention is applied in practice. Noting the absence of information on this point in the Government’s report, the Committee once again requests that it provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied. To the extent possible, this information should be disaggregated by age and sex.

The Committee hope that the Government will make every effort to take the necessary action in the near future.

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

Article 1 of the Convention. National policy. In its previous comments, the Committee expressed the hope that a national policy on child labour would be elaborated in the near future.

The Committee notes with regret an absence of information in the Government’s report on this matter. The Committee recalls that, under Article 1 of the Convention, each member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee therefore requests that the Government take the necessary measures to ensure that a national policy on child labour will be adopted without delay and to provide information on developments in this respect.

Article 2(1). Scope of application and labour inspection. The Committee previously observed that the minimum age for admission to employment, established under section 50(1) of the Employment Act 2001 only applies to formal undertakings whereas the majority of children work in the informal economy. In this regard, it noted the Government’s indication that it had initiated the process of hiring additional labour inspectors to conduct the requisite inspection of workplaces in which children may be engaged in labour. Noting the absence of information in the Government’s report on this point, the Committee requests that the Government provide information on the measures taken to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in all sectors, including children working on their own account or in the informal economy.

Article 2(2) and (3). Raising the minimum age for admission to employment or work and the age of completion of compulsory schooling. The Committee previously noted that the minimum age for admission to employment or work specified by the Bahamas at the time of ratification was 14 years. It also noted that section 7(2) of the Child Protection Act establishes a minimum age of 16 years for admission to employment or work. Furthermore, the Committee noted that, by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years. Noting the absence of information in the Government’s report, the Committee once again requests that the Government indicate whether it intends to raise the minimum age for admission to employment or work from 14 years (initially specified) to 16 years in accordance with the Child Protection Act and in accordance with the age of completion of compulsory schooling under the Education Act. If so, the Committee draws the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee requests that the Government would consider the possibility of sending a declaration of this nature to the Office.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee noted that a delegation from the Bahamas attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011 which aimed to enhance skills for the preparation of a list of hazardous work through internal consultations and collaboration.

The Committee notes the Government’s statement that draft regulations under the Health and Safety at Work Act, which include provisions determining the types of hazardous work prohibited for persons under 18 years of age, have been approved by the tripartite social partners. The Committee expresses the firm hope that the draft regulations on the list of types of hazardous work prohibited for persons under the age of 18 years will be adopted in the near future. It requests that the Government provide information on any progress made in this regard as well as to supply a copy of the list, once it has been adopted.

Article 7. Light work. The Committee previously noted that section 7(3)(a) of the Child Protection Act provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. The Committee noted the Government’s indication that it would undertake to provide information to the Committee on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from the age of 12 years.

The Committee notes with regret that despite its raising this issue since 2004, the Government has not provided any information on the measures taken or envisaged in this regard. The Committee recalls that Article 7(1) and (4) of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health and development; (b) not such as to 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 also recalls that according to Article 7(3) of the Convention, the competent authority shall determine what constitutes light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee urges the Government to take the necessary measures without delay to bring the national legislation in line with the Convention by determining the light work activities that may be permitted to children of 12 years and above and the conditions in which such employment or work may be undertaken by them. It requests that the Government provide information on any progress made in this regard.

Application of the Convention in practice. In its previous comments, the Committee requested that the Government provide information on the manner in which the Convention is applied in practice. Noting the absence of information on this point in the Government’s report, the Committee once again requests that it provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied. To the extent possible, this information should be disaggregated by age and sex.

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of child labour laws of the Bahamas – A guide to legislative reform” (ILO and the CIDA Regional Child Labour Project Study), the Ministry of Labour and Immigration had established a National Committee on Child Labour whose task is to make recommendations for a policy on child labour. Once again noting that the Government’s report does not provide any information on this point, the Committee expresses the hope that a national policy on child labour will be elaborated in the near future. It once again requests the Government to provide information on any progress made to this end in its next report.

Article 2(1). Scope of application. The Committee previously noted that section 50(1) of the Employment Act, 2001, provides that a child (any person under the age of 14 years) shall not be employed in any undertaking except as expressly provided in the First Schedule. It also noted that, according to the ILO and the CIDA Regional Child Labour Project Study, children were found working in a variety of activities that were suggestive of child labour. Moreover, the Committee noted that, according to the ILO and the CIDA Regional Child Labour Project Study, the Labour Inspectorate Unit does not have the human resource capability or the administrative framework to conduct the requisite inspection of workplaces for child labour, and that the majority of children work in the informal economy, which is not generally inspected by the inspectorate. The Committee noted the Government’s indication that it would consult its relevant agencies on this point and that it had initiated the process of hiring additional labour inspectors. In light of the above, the Committee observed that the minimum age for admission to employment only applies to undertakings whereas the majority of children work in the informal economy. It reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. Noting the absence of information in the Government’s report on this point, the Committee once again expresses the hope that, in hiring additional labour inspectors, the labour inspection component concerning children working on their own account or in the informal economy will be strengthened. In this regard, it once again requests the Government to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in these sectors. The Committee requests the Government to provide information on any steps taken in this regard in its next report.

Article 2(2) and (5). Raising the minimum age for admission to employment or work. The Committee previously noted that the minimum age for admission to employment or work specified by the Bahamas at the time of ratification was 14 years. The Committee also noted that section 50(1) of the Employment Act provided for the general prohibition of employing children under 14 years of age in any undertaking, save for certain exceptions.

The Committee notes that section 7(2) of the Child Protection Act provides that no child under the age of 16 shall be employed, save as is provided by subsection (3), which provides that a child under the age of 16 may be employed in any occupation in which his/her employment is sanctioned by any other law or prescribed under this Act. The Committee requests the Government to indicate whether it intends to raise the minimum age for admission to employment or work initially specified (14 years) to the age of 16, in accordance with the Child Protection Act, and amend the Employment Act in order to eliminate this discrepancy in the national legislation. If so, the Committee takes the opportunity to draw the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that, by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years. It also noted that, according to data from the UNESCO Institute for Statistics of 2005, the school enrolment rate at the primary school level is 92 per cent for girls and 89 per cent for boys, and at the secondary level 84 per cent for girls and 83 per cent for boys. Moreover, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress was made in attaining the EFA agenda. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow.

The Committee notes the absence of information in the Government’s report on this point. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee once again requests the Government to take the necessary measures to increase the school enrolment rate as well as completion rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015, and to provide information on the results attained.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee noted that the national legislation did not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young persons below 18 years of age. It also noted the Government’s indication that it would address this issue in forecasted amendments to the Employment Act after consultation with representatives of employers’ and workers’ organizations. In this regard, the Committee noted that, according to the Government, it had arranged with the ILO Regional Office to establish a list of hazardous occupations as part of its Decent Work Country Programme.

The Committee notes the absence of information in the Government’s report on this point. However, the Committee notes that a delegation of the Bahamas attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. The Committee notes that this workshop aimed to enhance skills for the preparation of a list of hazardous work through internal consultations and collaboration. The Committee therefore urges the Government to take the necessary measures to ensure the adoption, in the near future, of legal provisions determining the types of hazardous work to be prohibited for persons under 18 years of age. The Committee also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned with this subject.

Article 7. Light work. The Committee previously noted that section 7(3)(a) of the Child Protection Act provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. It requested the Government to provide information on the number of hours during which, and the conditions in which, light domestic, agricultural or horticultural work may be undertaken by children under the age of 16 years. The Committee noted the Government’s indication that it would undertake to provide information to the Committee on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from the age of 12 years. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take these measures in the near future in order to give effect to the Convention on this point. It once again requests the Government to provide any information on progress made in this regard.

Article 9(1). Penalties. In its previous comments, the Committee noted that the Child Protection Act does not provide for penalties in case of contravention of section 7 of the Act regarding child labour. It requested the Government to indicate the legal provisions that prescribe penalties in case of violations of the Convention.

The Committee notes the absence of information in the Government’s report on this point. It once again recalls that, by virtue of Article 9(1) of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee urges the Government to take measures to ensure that regulations provide for penalties in case of violation of section 7 of the Child Protection Act regarding child labour. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Registers of employment. The Committee noted the Government’s indication that some provisions of the Employment Act give effect to this Article of the Convention, particularly section 61(1) which lays down that every employer shall keep a register of wage payments and accounts in respect of each employee for a period of three years. The Committee observed that this provision of the Employment Act does not meet the conditions provided by Article 9(3) of the Convention. It also observed that the Child Protection Act does not include a provision requiring the keeping of registers or other documents by employers.

The Committee notes the Government’s indication that, by virtue of section 71(a) of the Employment Act, employers are required to make, and keep for such period as may be prescribed after the work is performed, such records of the names, addresses, ages, wages, hours worked, annual vacations and other conditions of work of each of their employees as may be prescribed. By virtue of section 71(b), employers are required to furnish such information to the Minister of Labour if it is requested by the Minister. The Government also indicates that it is currently considering a proposal made by workers’ organizations to amend section 71 of the Employment Act in order to allow a worker or his or her union representative to request his or her employer to provide the information contained in these records to the Minister of Labour. The Committee requests the Government to provide information on the progress made in amending section 71 of the Employment Act and to communicate a copy of the new section, once amended.

Application of the Convention in practice. In its previous comments, the Committee requested the Government to provide information on the manner in which the Convention is applied in practice. Noting the absence of information on this point in the Government’s report, the Committee once again requests it to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied. To the extent possible, this information should be disaggregated by age and sex.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of child labour laws of the Bahamas – A guide to legislative reform” (ILO and the CIDA Regional Child Labour Project Study), the Ministry of Labour and Immigration had established a National Committee on Child Labour whose task is to make recommendations for a policy on child labour. Once again noting that the Government’s report does not provide any information on this point, the Committee expresses the hope that a national policy on child labour will be elaborated in the near future. It once again requests the Government to provide information on any progress made to this end in its next report.

Article 2(1). Scope of application. The Committee previously noted that section 50(1) of the Employment Act, 2001, provides that a child (any person under the age of 14 years) shall not be employed in any undertaking except as expressly provided in the First Schedule. It also noted that, according to the ILO and the CIDA Regional Child Labour Project Study, children were found working in a variety of activities that were suggestive of child labour. Moreover, the Committee noted that, according to the ILO and the CIDA Regional Child Labour Project Study, the Labour Inspectorate Unit does not have the human resource capability or the administrative framework to conduct the requisite inspection of workplaces for child labour, and that the majority of children work in the informal economy, which is not generally inspected by the inspectorate. The Committee noted the Government’s indication that it would consult its relevant agencies on this point and that it had initiated the process of hiring additional labour inspectors. In light of the above, the Committee observed that the minimum age for admission to employment only applies to undertakings whereas the majority of children work in the informal economy. It reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. Noting the absence of information in the Government’s report on this point, the Committee once again expresses the hope that, in hiring additional labour inspectors, the labour inspection component concerning children working on their own account or in the informal economy will be strengthened. In this regard, it once again requests the Government to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in these sectors. The Committee requests the Government to provide information on any steps taken in this regard in its next report.

Article 2(2) and (5). Raising the minimum age for admission to employment or work. The Committee previously noted that the minimum age for admission to employment or work specified by the Bahamas at the time of ratification was 14 years. The Committee also noted that section 50(1) of the Employment Act provided for the general prohibition of employing children under 14 years of age in any undertaking, save for certain exceptions.

The Committee notes that section 7(2) of the Child Protection Act provides that no child under the age of 16 shall be employed, save as is provided by subsection (3), which provides that a child under the age of 16 may be employed in any occupation in which his/her employment is sanctioned by any other law or prescribed under this Act. The Committee requests the Government to indicate whether it intends to raise the minimum age for admission to employment or work initially specified (14 years) to the age of 16, in accordance with the Child Protection Act, and amend the Employment Act in order to eliminate this discrepancy in the national legislation. If so, the Committee takes the opportunity to draw the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that, by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years. It also noted that, according to data from the UNESCO Institute for Statistics of 2005, the school enrolment rate at the primary school level is 92 per cent for girls and 89 per cent for boys, and at the secondary level 84 per cent for girls and 83 per cent for boys. Moreover, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress was made in attaining the EFA agenda. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow.

The Committee notes the absence of information in the Government’s report on this point. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee once again requests the Government to take the necessary measures to increase the school enrolment rate as well as completion rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015, and to provide information on the results attained.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee noted that the national legislation did not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young persons below 18 years of age. It also noted the Government’s indication that it would address this issue in forecasted amendments to the Employment Act after consultation with representatives of employers’ and workers’ organizations. In this regard, the Committee noted that, according to the Government, it had arranged with the ILO Regional Office to establish a list of hazardous occupations as part of its Decent Work Country Programme.

The Committee notes the absence of information in the Government’s report on this point. However, the Committee notes that a delegation of the Bahamas attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. The Committee notes that this workshop aimed to enhance skills for the preparation of a list of hazardous work through internal consultations and collaboration. The Committee therefore urges the Government to take the necessary measures to ensure the adoption, in the near future, of legal provisions determining the types of hazardous work to be prohibited for persons under 18 years of age. The Committee also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned with this subject.

Article 7. Light work. The Committee previously noted that section 7(3)(a) of the Child Protection Act provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. It requested the Government to provide information on the number of hours during which, and the conditions in which, light domestic, agricultural or horticultural work may be undertaken by children under the age of 16 years. The Committee noted the Government’s indication that it would undertake to provide information to the Committee on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from the age of 12 years. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take these measures in the near future in order to give effect to the Convention on this point. It once again requests the Government to provide any information on progress made in this regard.

Article 9(1). Penalties. In its previous comments, the Committee noted that the Child Protection Act does not provide for penalties in case of contravention of section 7 of the Act regarding child labour. It requested the Government to indicate the legal provisions that prescribe penalties in case of violations of the Convention.

The Committee notes the absence of information in the Government’s report on this point. It once again recalls that, by virtue of Article 9(1) of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee urges the Government to take measures to ensure that regulations provide for penalties in case of violation of section 7 of the Child Protection Act regarding child labour. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Registers of employment. The Committee noted the Government’s indication that some provisions of the Employment Act give effect to this Article of the Convention, particularly section 61(1) which lays down that every employer shall keep a register of wage payments and accounts in respect of each employee for a period of three years. The Committee observed that this provision of the Employment Act does not meet the conditions provided by Article 9(3) of the Convention. It also observed that the Child Protection Act does not include a provision requiring the keeping of registers or other documents by employers.

The Committee notes the Government’s indication that, by virtue of section 71(a) of the Employment Act, employers are required to make, and keep for such period as may be prescribed after the work is performed, such records of the names, addresses, ages, wages, hours worked, annual vacations and other conditions of work of each of their employees as may be prescribed. By virtue of section 71(b), employers are required to furnish such information to the Minister of Labour if it is requested by the Minister. The Government also indicates that it is currently considering a proposal made by workers’ organizations to amend section 71 of the Employment Act in order to allow a worker or his or her union representative to request his or her employer to provide the information contained in these records to the Minister of Labour. The Committee requests the Government to provide information on the progress made in amending section 71 of the Employment Act and to communicate a copy of the new section, once amended.

Application of the Convention in practice. In its previous comments, the Committee requested the Government to provide information on the manner in which the Convention is applied in practice. Noting the absence of information on this point in the Government’s report, the Committee once again requests it to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied. To the extent possible, this information should be disaggregated by age and sex.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with interest that the Child Protection Act, 2007, entered into force on 1 October 2009.

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of child labour laws of the Bahamas – A guide to legislative reform” (ILO and the CIDA Regional Child Labour Project Study), the Ministry of Labour and Immigration had established a National Committee on Child Labour whose task is to make recommendations for a policy on child labour. Once again noting that the Government’s report does not provide any information on this point, the Committee expresses the hope that a national policy on child labour will be elaborated in the near future. It once again requests the Government to provide information on any progress made to this end in its next report.

Article 2(1). Scope of application. The Committee previously noted that section 50(1) of the Employment Act, 2001, provides that a child (any person under the age of 14 years) shall not be employed in any undertaking except as expressly provided in the First Schedule. It also noted that, according to the ILO and the CIDA Regional Child Labour Project Study, children were found working in a variety of activities that were suggestive of child labour. Moreover, the Committee noted that, according to the ILO and the CIDA Regional Child Labour Project Study, the Labour Inspectorate Unit does not have the human resource capability or the administrative framework to conduct the requisite inspection of workplaces for child labour, and that the majority of children work in the informal economy, which is not generally inspected by the inspectorate. The Committee noted the Government’s indication that it would consult its relevant agencies on this point and that it had initiated the process of hiring additional labour inspectors. In light of the above, the Committee observed that the minimum age for admission to employment only applies to undertakings whereas the majority of children work in the informal economy. It reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. Noting the absence of information in the Government’s report on this point, the Committee once again expresses the hope that, in hiring additional labour inspectors, the labour inspection component concerning children working on their own account or in the informal economy will be strengthened. In this regard, it once again requests the Government to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in these sectors. The Committee requests the Government to provide information on any steps taken in this regard in its next report.

Article 2(2) and (5). Raising the minimum age for admission to employment or work. The Committee previously noted that the minimum age for admission to employment or work specified by the Bahamas at the time of ratification was 14 years. The Committee also noted that section 50(1) of the Employment Act provided for the general prohibition of employing children under 14 years of age in any undertaking, save for certain exceptions.

The Committee notes that section 7(2) of the Child Protection Act provides that no child under the age of 16 shall be employed, save as is provided by subsection (3), which provides that a child under the age of 16 may be employed in any occupation in which his/her employment is sanctioned by any other law or prescribed under this Act. The Committee requests the Government to indicate whether it intends to raise the minimum age for admission to employment or work initially specified (14 years) to the age of 16, in accordance with the Child Protection Act, and amend the Employment Act in order to eliminate this discrepancy in the national legislation. If so, the Committee takes the opportunity to draw the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that, by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years. It also noted that, according to data from the UNESCO Institute for Statistics of 2005, the school enrolment rate at the primary school level is 92 per cent for girls and 89 per cent for boys, and at the secondary level 84 per cent for girls and 83 per cent for boys. Moreover, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress was made in attaining the EFA agenda. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow.

The Committee notes the absence of information in the Government’s report on this point. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee once again requests the Government to take the necessary measures to increase the school enrolment rate as well as completion rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015, and to provide information on the results attained.

Article 3(1). Minimum age for admission to hazardous work. The Committee previously noted the Government’s information that the Employment Act does not prohibit young persons between 14 and 18 years of age from being employed in hazardous work. The Committee expressed the hope that the Government would take the necessary measures to establish the minimum age for admission to hazardous work at 18 years in the near future.

The Committee notes with satisfaction that section 7(1) of the Child Protection Act provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his or her health, education, or mental, physical or moral development.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee noted that the national legislation did not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young persons below 18 years of age. It also noted the Government’s indication that it would address this issue in forecasted amendments to the Employment Act after consultation with representatives of employers’ and workers’ organizations. In this regard, the Committee noted that, according to the Government, it had arranged with the ILO Regional Office to establish a list of hazardous occupations as part of its Decent Work Country Programme.

The Committee notes the absence of information in the Government’s report on this point. However, the Committee notes that a delegation of the Bahamas attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. The Committee notes that this workshop aimed to enhance skills for the preparation of a list of hazardous work through internal consultations and collaboration. The Committee therefore urges the Government to take the necessary measures to ensure the adoption, in the near future, of legal provisions determining the types of hazardous work to be prohibited for persons under 18 years of age. The Committee also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned with this subject.

Article 7. Light work. The Committee previously noted that section 7(3)(a) of the Child Protection Act provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. It requested the Government to provide information on the number of hours during which, and the conditions in which, light domestic, agricultural or horticultural work may be undertaken by children under the age of 16 years. The Committee noted the Government’s indication that it would undertake to provide information to the Committee on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from the age of 12 years. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take these measures in the near future in order to give effect to the Convention on this point. It once again requests the Government to provide any information on progress made in this regard.

Article 9(1). Penalties. In its previous comments, the Committee noted that the Child Protection Act does not provide for penalties in case of contravention of section 7 of the Act regarding child labour. It requested the Government to indicate the legal provisions that prescribe penalties in case of violations of the Convention.

The Committee notes the absence of information in the Government’s report on this point. It once again recalls that, by virtue of Article 9(1) of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee urges the Government to take measures to ensure that regulations provide for penalties in case of violation of section 7 of the Child Protection Act regarding child labour. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Registers of employment. The Committee noted the Government’s indication that some provisions of the Employment Act give effect to this Article of the Convention, particularly section 61(1) which lays down that every employer shall keep a register of wage payments and accounts in respect of each employee for a period of three years. The Committee observed that this provision of the Employment Act does not meet the conditions provided by Article 9(3) of the Convention. It also observed that the Child Protection Act does not include a provision requiring the keeping of registers or other documents by employers.

The Committee notes the Government’s indication that, by virtue of section 71(a) of the Employment Act, employers are required to make, and keep for such period as may be prescribed after the work is performed, such records of the names, addresses, ages, wages, hours worked, annual vacations and other conditions of work of each of their employees as may be prescribed. By virtue of section 71(b), employers are required to furnish such information to the Minister of Labour if it is requested by the Minister. The Government also indicates that it is currently considering a proposal made by workers’ organizations to amend section 71 of the Employment Act in order to allow a worker or his or her union representative to request his or her employer to provide the information contained in these records to the Minister of Labour. The Committee requests the Government to provide information on the progress made in amending section 71 of the Employment Act and to communicate a copy of the new section, once amended.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee requested the Government to provide information on the manner in which the Convention is applied in practice. Noting the absence of information on this point in the Government’s report, the Committee once again requests it to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied. To the extent possible, this information should be disaggregated by age and sex.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee took note of the Government’s report. It took due note of the information provided by the Government that the Child Protection Act, 2007 has been adopted. The Committee hopes that the Act will come into force shortly and requests the Government to provide information on progress made in this regard.

Article 1 of the Convention. National policy. In its previous comments, the Committee had noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of Child Labour Laws of the Bahamas – A guide to Legislative Reform” (ILO and the CIDA Regional Child Labour Project Study), the Ministry of Labour and Immigration had established a National Committee on Child Labour whose task is to make recommendations for a policy on child labour. Noting that the Government’s report does not provide any information on this point, the Committee once again hopes that a national policy on child labour will be elaborated soon. It requests the Government to provide information on any progress made to this end.

Article 2(1). Scope of application. The Committee had noted that section 50(1) of the Employment Act, 2001, provides that a child (any person under the age of 14 years) shall not be employed in any undertaking except as expressly provided in the First Schedule. It had also noted that, according to the ILO and the CIDA Regional Child Labour Project Study, children were found working in a variety of activities that were suggestive of child labour. Moreover, the Committee had noted that, according to the ILO and the CIDA Regional Child Labour Project Study, the Labour Inspectorate Unit does not have the human resource capability or the administrative framework to conduct the requisite inspection of workplaces for child labour. The majority of children work in the informal sector, which is not generally inspected by the Inspectorate. The ILO and the CIDA Regional Child Labour Project Study had recommended that the Labour Inspectorate Unit be given the specific mandate and resources to target child labour in its inspections.

The Committee noted the Government’s indication that it will consult its relevant agencies on this point and will provide information as soon as it becomes available. The Committee also noted the information provided by the Government in its report on Convention No. 182 according to which it has initiated the process to hire additional labour inspectors. In light of the above, the Committee observed that the minimum age for admission to employment only applies to undertakings whereas the majority of children work in the informal sector. It reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated, such as children working on their own account are those working in the informal sector. The Committee hopes that, in hiring additional labour inspectors, the labour inspection component concerning children working on their own account or in the informal sector will be strengthened. In this regard, it requests the Government to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in these sectors. The Committee finally requests the Government to indicate any steps taken in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years of age. It also noted that, according to data from the UNESCO Institute for Statistics of 2005, the school enrolment rate at the primary school level is 92 per cent girls and 89 per cent boys, and at the secondary level is 84 per cent girls and 83 per cent boys. Moreover, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress has been made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow. The Committee greatly appreciated the steps taken by the Government to improve the education system in the country, steps that it considers as an affirmation of a political will to develop strategies to combat this problem. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system. In this regard, it requests the Government to take the necessary measures to increase the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015 and to provide information on the results attained.

Article 3(1). Minimum age for admission to hazardous work. The Committee had previously noted that section 7(1) of the Child Protection Act, 2007 provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his health, education, or mental, physical or moral development. The Committee noted the Government’s information that, except for the provisions of the Child Protection Act, which has not yet been brought into force, the Employment Act does not prohibit young people between 14 and 18 years from being employed in hazardous work. It noted the Government’s indication that measures will be taken to set the minimum age for admission to hazardous work at 18. The Committee hopes that the Government will take the necessary measures to establish the minimum age for admission to hazardous work at 18 years in the near future and requests it to provide information in this regard. It also requests the Government to provide information on progress made regarding the entry into force of the Child Protection Act, 2007, which provides for a minimum age for admission to hazardous work at 18 years.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee had noted that the national legislation did not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young people below 18 years of age. It had also noted the Government’s indication that it will address this issue in forecasted amendments to the Employment Act after consultation with representative employers’ and workers’ organizations. In this regard, the Committee noted that, according to the Government, it has arranged with the ILO Regional Office to establish a list of hazardous occupations as part of its Decent Work Country Programme. The Committee hopes that the Government will take the necessary measures shortly to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to people less than 18 years of age. It requests the Government to provide information on progress made in this regard and to supply a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned with this subject.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Grocery packers; gift wrappers; peanut vendors; newspaper vendors. The Committee had noted the Government’s intention to exclude, for a period of five years, from the application of this Convention the following categories of work listed in the First Schedule of the Employment Act, 2001: (a) grocery packers; (b) gift wrappers; (c) peanut vendors; (d) newspaper vendors; and (e) any film as may be approved by the minister. This exclusion would have expired by February 2007. In this regard, the Government had indicated its intention to amend the Employment Act, 2001 to allow child grocery packers between 12 and 14 years of age to continue to be employed for the next ten years. It had also indicated that it intended to extend the categories of work listed in the First Schedule after consultation with employers’ and workers’ umbrella organizations. Moreover, the Committee had noted that the Employment Act (Amendment to First Schedule) Order, 2007, provides for an extension of the period of exclusion from the application of the Convention from five to 15 years for the four categories of work listed in the First Schedule of the Employment Act, 2001, but does not extend the categories of work previously listed in the First Schedule. The Committee had stressed that, while the Government may extend the period during which limited categories of work or employment are excluded from the application of the Convention, it may not subsequently extend the limited categories of work excluded from the application of the Convention. It had requested the Government to provide information concerning the categories of employment or work which are excluded from the application of the Convention.

In its report, the Government indicated that since the exclusion included in the First Schedule of the Employment Act, 2001, has expired as of 1 January 2007, it is now considering extending the period for two years more, from 1 January 2007 to 1 January 2009. The Government also indicated that it will inform the Committee on the measures taken prior to 1 January 2009, to prepare the transition to the application of the specific minimum age as from this date to the excluded categories of employment or work. By virtue of the information provided by the Government, the Committee believed that the Government wished to extend the scope of application of the Regulations on child labour to the categories of work listed in the First Schedule of the Employment Act, 2001: (a) grocery packers; (b) gift wrappers; (c) peanut vendors; (d) newspaper vendors; and (e) any film as may be approved by the minister. The Committee requests the Government to indicate whether it is its intention to extend the scope of application of the Regulations on child labour to the categories of work listed in the First Schedule of the Employment Act, 2001 and, if so, to provide information on the measures taken to assure the transition to the application of the specific minimum age to these categories of work.

Work on board ships. In its previous comments, the Committee had noted that, according to section 56 of the Employment Act, it is permitted to employ a young person under the age of 16 upon: (a) a ship in which only members of the same family are employed; or (b) a ship within the waters of the Bahamas. The Committee had asked the Government to indicate the position of its law and practice in respect of children working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. Noting once again the absence of information in the Government’s report, the Committee recalled that, by virtue of Article 4(1) of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, 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. Consequently, the Committee requests once again the Government to indicate whether or not it intends to exclude from the application of the Convention work undertaken by children under the age of 16 working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. If so, it requests the Government to indicate the reasons for such exclusion and the situation of child labour in such excluded category.

Article 7. Light work. The Committee had noted that section 7(3)(a) of the Child Protection Act, 2007, provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. It had requested the Government to provide information on the number of hours during which, and the conditions in which, light domestic, agricultural or horticultural work may be undertaken by children under the age of 16 years. The Committee noted the Government’s indication that it undertakes to provide information to the Committee on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young people from 12 years and above. The Committee hopes that the Government will shortly take these measures in order to give effect to the Convention on this point and requests it to provide any information on progress made in this regard.

Article 9(1). Penalties. In its previous comments, the Committee had noted that the Child Protection Act, 2007, does not provide for penalties in case of contravention of section 7 of the Act regarding child labour. It had requested the Government to indicate the legal provisions that prescribe penalties in case of violations of the Convention. The Committee noted that the Government does not provide information on this point. It once again recalled that, by virtue of Article 9(1) of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that regulations provide for penalties in case of violation of section 7 of the Child Protection Act, 2007 regarding child labour.

Article 9(3). Registers of employment. Referring to its previous comments, the Committee noted the Government’s indication that some provisions of the Employment Act, 2001, give effect to this Article of the Convention, particularly section 61(1) which lays down that every employer shall keep a register of wage payments and accounts in respect of each employee for a period of three years. The Committee observed that this provision of the Employment Act, 2001, does not meet the conditions provided by Article 9(3) of the Convention. It also observed that the Child Protection Act, 2007, does not include a provision requiring the keeping of registers or other documents by employers. Therefore, the Committee requests the Government to provide information on measures taken or envisaged to ensure that regulations will prescribe that registers or other documents shall be kept and made available by the employer, and shall contain the names and ages or dates of birth, duly certified wherever possible, of people whom he/she employs or who work for him/her and who are less than 18 years of age.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee had requested the Government to provide information on the manner in which the Convention is applied in practice. Noting the Government’s information that it will provide information in this regard as soon as it becomes available, the Committee requests it to provide information in its next report on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young people, especially regarding children working in the informal sector, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee took note of the Government’s report. It took due note of the information provided by the Government that the Child Protection Act, 2007 has been adopted. The Committee hopes that the Act will come into force shortly and requests the Government to provide information on progress made in this regard.

Article 1 of the Convention. National policy. In its previous comments, the Committee had noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of Child Labour Laws of the Bahamas – a Guide to Legislative Reform” (ILO and the CIDA Regional Child Labour Project Study), the Ministry of Labour and Immigration had established a National Committee on Child Labour whose task is to make recommendations for a policy on child labour. Noting that the Government’s report does not provide any information on this point, the Committee once again hopes that a national policy on child labour will be elaborated soon. It requests the Government to provide information on any progress made to this end.

Article 2(1). Scope of application. The Committee had noted that section 50(1) of the Employment Act, 2001, provides that a child (any person under the age of 14 years) shall not be employed in any undertaking except as expressly provided in the First Schedule. It had also noted that, according to the ILO and the CIDA Regional Child Labour Project Study, children were found working in a variety of activities that were suggestive of child labour. Moreover, the Committee had noted that, according to the ILO and the CIDA Regional Child Labour Project Study, the Labour Inspectorate Unit does not have the human resource capability or the administrative framework to conduct the requisite inspection of workplaces for child labour. The majority of children work in the informal sector, which is not generally inspected by the Inspectorate. The ILO and the CIDA Regional Child Labour Project Study had recommended that the Labour Inspectorate Unit be given the specific mandate and resources to target child labour in its inspections.

The Committee noted the Government’s indication that it will consult its relevant agencies on this point and will provide information as soon as it becomes available. The Committee also noted the information provided by the Government in its report on Convention No. 182 according to which it has initiated the process to hire additional labour inspectors. In light of the above, the Committee observed that the minimum age for admission to employment only applies to undertakings whereas the majority of children work in the informal sector. It reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated, such as children working on their own account are those working in the informal sector. The Committee hopes that, in hiring additional labour inspectors, the labour inspection component concerning children working on their own account or in the informal sector will be strengthened. In this regard, it requests the Government to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in these sectors. The Committee finally requests the Government to indicate any steps taken in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years of age. It also noted that, according to data from the UNESCO Institute for Statistics of 2005, the school enrolment rate at the primary school level is 92 per cent girls and 89 per cent boys, and at the secondary level is 84 per cent girls and 83 per cent boys. Moreover, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress has been made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow. The Committee greatly appreciated the steps taken by the Government to improve the education system in the country, steps that it considers as an affirmation of a political will to develop strategies to combat this problem. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system. In this regard, it requests the Government to take the necessary measures to increase the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015 and to provide information on the results attained.

Article 3(1). Minimum age for admission to hazardous work. The Committee had previously noted that section 7(1) of the Child Protection Act, 2007 provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his health, education, or mental, physical or moral development. The Committee noted the Government’s information that, except for the provisions of the Child Protection Act, which has not yet been brought into force, the Employment Act does not prohibit young people between 14 and 18 years from being employed in hazardous work. It noted the Government’s indication that measures will be taken to set the minimum age for admission to hazardous work at 18. The Committee hopes that the Government will take the necessary measures to establish the minimum age for admission to hazardous work at 18 years in the near future and requests it to provide information in this regard. It also requests the Government to provide information on progress made regarding the entry into force of the Child Protection Act, 2007, which provides for a minimum age for admission to hazardous work at 18 years.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee had noted that the national legislation did not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young people below 18 years of age. It had also noted the Government’s indication that it will address this issue in forecasted amendments to the Employment Act after consultation with representative employers’ and workers’ organizations. In this regard, the Committee noted that, according to the Government, it has arranged with the ILO Regional Office to establish a list of hazardous occupations as part of its Decent Work Country Programme. The Committee hopes that the Government will take the necessary measures shortly to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to people less than 18 years of age. It requests the Government to provide information on progress made in this regard and to supply a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned with this subject.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. 1. Grocery packers; gift wrappers; peanut vendors; newspaper vendors. The Committee had noted the Government’s intention to exclude, for a period of five years, from the application of this Convention the following categories of work listed in the First Schedule of the Employment Act, 2001: (a) grocery packers; (b) gift wrappers; (c) peanut vendors; (d) newspaper vendors; and (e) any film as may be approved by the minister. This exclusion would have expired by February 2007. In this regard, the Government had indicated its intention to amend the Employment Act, 2001 to allow child grocery packers between 12 and 14 years of age to continue to be employed for the next ten years. It had also indicated that it intended to extend the categories of work listed in the First Schedule after consultation with employers’ and workers’ umbrella organizations. Moreover, the Committee had noted that the Employment Act (Amendment to First Schedule) Order, 2007, provides for an extension of the period of exclusion from the application of the Convention from five to 15 years for the four categories of work listed in the First Schedule of the Employment Act, 2001, but does not extend the categories of work previously listed in the First Schedule. The Committee had stressed that, while the Government may extend the period during which limited categories of work or employment are excluded from the application of the Convention, it may not subsequently extend the limited categories of work excluded from the application of the Convention. It had requested the Government to provide information concerning the categories of employment or work which are excluded from the application of the Convention.

In its report, the Government indicated that since the exclusion included in the First Schedule of the Employment Act, 2001, has expired as of 1 January 2007, it is now considering extending the period for two years more, from 1 January 2007 to 1 January 2009. The Government also indicated that it will inform the Committee on the measures taken prior to 1 January 2009, to prepare the transition to the application of the specific minimum age as from this date to the excluded categories of employment or work. By virtue of the information provided by the Government, the Committee believed that the Government wished to extend the scope of application of the Regulations on child labour to the categories of work listed in the First Schedule of the Employment Act, 2001: (a) grocery packers; (b) gift wrappers; (c) peanut vendors; (d) newspaper vendors; (e) any film as may be approved by the minister. The Committee requests the Government to indicate whether it is its intention to extend the scope of application of the Regulations on child labour to the categories of work listed in the First Schedule of the Employment Act, 2001 and, if so, to provide information on the measures taken to assure the transition to the application of the specific minimum age to these categories of work.

2. Work on board ships. In its previous comments, the Committee had noted that, according to section 56 of the Employment Act, it is permitted to employ a young person under the age of 16 upon: (a) a ship in which only members of the same family are employed; or (b) a ship within the waters of the Bahamas. The Committee had asked the Government to indicate the position of its law and practice in respect of children working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. Noting once again the absence of information in the Government’s report, the Committee recalled that, by virtue of Article 4(1) of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, 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. Consequently, the Committee requests once again the Government to indicate whether or not it intends to exclude from the application of the Convention work undertaken by children under the age of 16 working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. If so, it requests the Government to indicate the reasons for such exclusion and the situation of child labour in such excluded category.

Article 7. Light work. The Committee had noted that section 7(3)(a) of the Child Protection Act, 2007, provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. It had requested the Government to provide information on the number of hours during which, and the conditions in which, light domestic, agricultural or horticultural work may be undertaken by children under the age of 16 years. The Committee noted the Government’s indication that it undertakes to provide information to the Committee on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young people from 12 years and above. The Committee hopes that the Government will shortly take these measures in order to give effect to the Convention on this point and requests it to provide any information on progress made in this regard.

Article 9(1). Penalties. In its previous comments, the Committee had noted that the Child Protection Act, 2007, does not provide for penalties in case of contravention of section 7 of the Act regarding child labour. It had requested the Government to indicate the legal provisions that prescribe penalties in case of violations of the Convention. The Committee noted that the Government does not provide information on this point. It once again recalled that, by virtue of Article 9(1) of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that regulations provide for penalties in case of violation of section 7 of the Child Protection Act, 2007 regarding child labour.

Article 9(3). Registers of employment. Referring to its previous comments, the Committee noted the Government’s indication that some provisions of the Employment Act, 2001, give effect to this Article of the Convention, particularly section 61(1) which lays down that every employer shall keep a register of wage payments and accounts in respect of each employee for a period of three years. The Committee observed that this provision of the Employment Act, 2001, does not meet the conditions provided by Article 9(3) of the Convention. It also observed that the Child Protection Act, 2007, does not include a provision requiring the keeping of registers or other documents by employers. Therefore, the Committee requests the Government to provide information on measures taken or envisaged to ensure that regulations will prescribe that registers or other documents shall be kept and made available by the employer, and shall contain the names and ages or dates of birth, duly certified wherever possible, of people whom he/she employs or who work for him/her and who are less than 18 years of age.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee had requested the Government to provide information on the manner in which the Convention is applied in practice. Noting the Government’s information that it will provide information in this regard as soon as it becomes available, the Committee requests it to provide information in its next report on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young people, especially regarding children working in the informal sector, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee takes note of the Government’s report. It takes due note of the information provided by the Government that the Child Protection Act, 2007 has been adopted. The Committee hopes that the Act will come into force shortly and requests the Government to provide information on progress made in this regard.

Article 1 of the Convention. National policy. In its previous comments, the Committee had noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of Child Labour Laws of the Bahamas – a Guide to Legislative Reform” (ILO and the CIDA Regional Child Labour Project Study), the Ministry of Labour and Immigration had established a National Committee on Child Labour whose task is to make recommendations for a policy on child labour. Noting that the Government’s report does not provide any information on this point, the Committee once again hopes that a national policy on child labour will be elaborated soon. It requests the Government to provide information on any progress made to this end.

Article 2, paragraph 1. Scope of application. The Committee had noted that section 50(1) of the Employment Act, 2001, provides that a child (any person under the age of 14 years) shall not be employed in any undertaking except as expressly provided in the First Schedule. It had also noted that, according to the ILO and the CIDA Regional Child Labour Project Study, children were found working in a variety of activities that were suggestive of child labour. Moreover, the Committee had noted that, according to the ILO and the CIDA Regional Child Labour Project Study, the Labour Inspectorate Unit does not have the human resource capability or the administrative framework to conduct the requisite inspection of workplaces for child labour. The majority of children work in the informal sector, which is not generally inspected by the Inspectorate. The ILO and the CIDA Regional Child Labour Project Study had recommended that the Labour Inspectorate Unit be given the specific mandate and resources to target child labour in its inspections.

The Committee notes the Government’s indication that it will consult its relevant agencies on this point and will provide information as soon as it becomes available. The Committee also notes the information provided by the Government in its report on Convention No. 182 according to which it has initiated the process to hire additional labour inspectors. In light of the above, the Committee observes that the minimum age for admission to employment only applies to undertakings whereas the majority of children work in the informal sector. It reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated, such as children working on their own account are those working in the informal sector. The Committee hopes that, in hiring additional labour inspectors, the labour inspection component concerning children working on their own account or in the informal sector will be strengthened. In this regard, it requests the Government to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in these sectors. The Committee finally requests the Government to indicate any steps taken in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years of age. It also notes that, according to data from the UNESCO Institute for Statistics of 2005, the school enrolment rate at the primary school level is 92 per cent girls and 89 per cent boys, and at the secondary level is 84 per cent girls and 83 per cent boys. Moreover, the Committee notes that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress has been made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee notes however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow. The Committee greatly appreciates the steps taken by the Government to improve the education system in the country, steps that it considers as an affirmation of a political will to develop strategies to combat this problem. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system. In this regard, it requests the Government to take the necessary measures to increase the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015 and to provide information on the results attained.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted that section 7(1) of the Child Protection Act, 2007 provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his health, education, or mental, physical or moral development. The Committee notes the Government’s information that, except for the provisions of the Child Protection Act, which has not yet been brought into force, the Employment Act does not prohibit young people between 14 and 18 years from being employed in hazardous work. It notes the Government’s indication that measures will be taken to set the minimum age for admission to hazardous work at 18. The Committee hopes that the Government will take the necessary measures to establish the minimum age for admission to hazardous work at 18 years in the near future and requests it to provide information in this regard. It also requests the Government to provide information on progress made regarding the entry into force of the Child Protection Act, 2007, which provides for a minimum age for admission to hazardous work at 18 years.

Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee had noted that the national legislation did not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young people below 18 years of age. It had also noted the Government’s indication that it will address this issue in forecasted amendments to the Employment Act after consultation with representative employers’ and workers’ organizations. In this regard, the Committee notes that, according to the Government, it has arranged with the ILO Regional Office to establish a list of hazardous occupations as part of its Decent Work Country Programme. The Committee hopes that the Government will take the necessary measures shortly to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to people less than 18 years of age. It requests the Government to provide information on progress made in this regard and to supply a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned with this subject.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. 1. Grocery packers; gift wrappers; peanut vendors; newspaper vendors. The Committee had noted the Government’s intention to exclude, for a period of five years, from the application of this Convention the following categories of work listed in the First Schedule of the Employment Act, 2001: (a) grocery packers; (b) gift wrappers; (c) peanut vendors; (d) newspaper vendors; and (e) any film as may be approved by the minister. This exclusion would have expired by February 2007. In this regard, the Government had indicated its intention to amend the Employment Act, 2001 to allow child grocery packers between 12 and 14 years of age to continue to be employed for the next ten years. It had also indicated that it intended to extend the categories of work listed in the First Schedule after consultation with employers’ and workers’ umbrella organizations. Moreover, the Committee had noted that the Employment Act (Amendment to First Schedule) Order, 2007, provides for an extension of the period of exclusion from the application of the Convention from five to 15 years for the four categories of work listed in the First Schedule of the Employment Act, 2001, but does not extend the categories of work previously listed in the First Schedule. The Committee had stressed that, while the Government may extend the period during which limited categories of work or employment are excluded from the application of the Convention, it may not subsequently extend the limited categories of work excluded from the application of the Convention. It had requested the Government to provide information concerning the categories of employment or work which are excluded from the application of the Convention.

In its report, the Government indicates that since the exclusion included in the First Schedule of the Employment Act, 2001, has expired as of 1 January 2007, it is now considering extending the period for two years more, from 1 January 2007 to 1 January 2009. The Government also indicates that it will inform the Committee on the measures taken prior to 1 January 2009, to prepare the transition to the application of the specific minimum age as from this date to the excluded categories of employment or work. By virtue of the information provided by the Government, the Committee believes that the Government wishes to extend the scope of application of the Regulations on child labour to the categories of work listed in the First Schedule of the Employment Act, 2001: (a) grocery packers; (b) gift wrappers; (c) peanut vendors; (d) newspaper vendors; (e) any film as may be approved by the minister. The Committee requests the Government to indicate whether it is its intention to extend the scope of application of the Regulations on child labour to the categories of work listed in the First Schedule of the Employment Act, 2001 and, if so, to provide information on the measures taken to assure the transition to the application of the specific minimum age to these categories of work.

2. Work on board ships. In its previous comments, the Committee had noted that, according to section 56 of the Employment Act, it is permitted to employ a young person under the age of 16 upon: (a) a ship in which only members of the same family are employed; or (b) a ship within the waters of the Bahamas. The Committee had asked the Government to indicate the position of its law and practice in respect of children working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. Noting once again the absence of information in the Government’s report, the Committee recalls that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, 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. Consequently, the Committee requests once again the Government to indicate whether or not it intends to exclude from the application of the Convention work undertaken by children under the age of 16 working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. If so, it requests the Government to indicate the reasons for such exclusion and the situation of child labour in such excluded category.

Article 7. Light work.  The Committee had noted that section 7(3)(a) of the Child Protection Act, 2007, provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. It had requested the Government to provide information on the number of hours during which, and the conditions in which, light domestic, agricultural or horticultural work may be undertaken by children under the age of 16 years. The Committee notes the Government’s indication that it undertakes to provide information to the Committee on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young people from 12 years and above. The Committee hopes that the Government will shortly take these measures in order to give effect to the Convention on this point and requests it to provide any information on progress made in this regard.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee had noted that the Child Protection Act, 2007, does not provide for penalties in case of contravention of section 7 of the Act regarding child labour. It had requested the Government to indicate the legal provisions that prescribe penalties in case of violations of the Convention. The Committee notes that the Government does not provide information on this point. It once again recalls that, by virtue of Article 9, paragraph 1, of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that regulations provide for penalties in case of violation of section 7 of the Child Protection Act, 2007 regarding child labour.

Article 9, paragraph 3. Registers of employment. Referring to its previous comments, the Committee notes the Government’s indication that some provisions of the Employment Act, 2001, give effect to this Article of the Convention, particularly section 61(1) which lays down that every employer shall keep a register of wage payments and accounts in respect of each employee for a period of three years. The Committee observes that this provision of the Employment Act, 2001, does not meet the conditions provided by Article 9, paragraph 3, of the Convention. It also observes that the Child Protection Act, 2007, does not include a provision requiring the keeping of registers or other documents by employers. Therefore, the Committee requests the Government to provide information on measures taken or envisaged to ensure that regulations will prescribe that registers or other documents shall be kept and made available by the employer, and shall contain the names and ages or dates of birth, duly certified wherever possible, of people whom he/she employs or who work for him/her and who are less than 18 years of age.

Point V of the report form. Application of the Convention in practice. In its previous comments, the Committee had requested the Government to provide information on the manner in which the Convention is applied in practice. Noting the Government’s information that it will provide information in this regard as soon as it becomes available, the Committee requests it to provide information in its next report on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young people, especially regarding children working in the informal sector, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report. It takes due note of the adoption of the Child Protection Act 2007. The Committee hopes that the Act will come into force soon and requests the Government to provide information on progress made in this regard.

Article 1 of the Convention. National policy. The Committee notes that according to a study entitled “Review of Child Labour Laws of the Bahamas – a Guide to Legislative Reform”, carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project, although the Bahamas has sound national policies in areas connected with child labour, such as education, welfare, social security and labour administration, there is no coherent explicit policy on child labour. However, the Ministry of Labour and Immigration has recently established a national committee on child labour whose task is to make recommendations for a policy on child labour. The Committee hopes that a national policy on child labour will be elaborated soon and requests the Government to provide information on any progress made to this end.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee had noted that section 50(1) of the Employment Act 2001, provides that a child (any person under the age of 14 years) shall not be employed in any undertaking except as expressly provided in the First Schedule. It had requested the Government to provide information on the manner in which children working outside an employment relationship in an undertaking are guaranteed the protection afforded by the Convention. The Committee notes that, according to the ILO and the CIDA Regional Child Labour Project study, children were found working in a variety of activities that were suggestive of child labour. Most cases were associated, among others, with the informal sector. The Committee recalls that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. It requests the Government to indicate the measures taken or envisaged to ensure that children working outside an employment relationship are guaranteed the protection afforded by the Convention.

Article 2, paragraphs 2 and 3. Raising the minimum age for admission to employment or work and age of completion of compulsory schooling. The Committee notes that section 7(2) of the Child Protection Act 2007, provides that no child under the age of 16 shall be employed, except as is provided by subsection (3). It takes due note that, by raising the minimum age from 14 to 16 years, both the minimum age for admission to employment or work and the minimum age of completion of compulsory schooling coincide. The Committee draws the Government’s attention to the fact that Article 2, paragraph 2, of the Convention provides for the possibility of a state which decides to raise the minimum age previously specified to notify the Director-General of the International Labour Office by further declarations.

Article 3, paragraph 1. Minimum age for admission to hazardous work. With reference to its previous comments, the Committee notes with interest that section 7(1) of the Child Protection Act 2007 provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his health, education, or mental, physical or moral development.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee had previously noted that the national legislation did not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young persons below 18 years of age. The Committee notes the Government’s indication that it will address this issue in forecasted amendments to the Employment Act after consultation with representative employers’ and workers’ organizations. It also notes that the employers have called for national regulations determining hazardous work within the context of the Convention. The Committee hopes that the Government will take the necessary measures shortly to ensure the adoption of new legal provisions determining the types of hazardous work to be prohibited to persons less than 18 years of age. It requests the Government to provide information on progress made in this regard and to supply a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. 1. Grocery packers; gift wrappers; peanut vendors; newspaper vendors. The Committee had previously noted the Government’s intention to exclude, for a period of five years, from the application of this Convention the following four categories of work listed in the First Schedule of the Employment Act : (a) grocery packers; (b) gift wrappers, (c) peanut vendors; and (d) newspaper vendors. This exclusion would have expired by February 2007. In this regard, the Government indicates its intention to amend the Employment Act to allow child grocery packers between 12 and 14 years of age to continue to be employed for the next ten years. It also indicates that consultations have taken place between trade unions and employers’ umbrella organizations and itself. Furthermore, the Government indicates that it intends to extend the categories of work listed in the First Schedule after consultation with employers’ and workers’ umbrella organizations.

The Committee takes note of the Employment Act (Amendment to First Schedule) Order 2007, provided by the Government along with its report. It observes that this Order provides for an extension of the period of exclusion from the application of the Convention from 5 to 15 years for the four categories of work listed in the First Schedule of the Employment Act 2001, but does not extend the categories of work previously listed in the First Schedule. In this respect, the Committee stresses that, while the Government may extend the period during which limited categories of work or employment are excluded from the application of the Convention, it may not subsequently extend the limited categories of work excluded from the application of the Convention. In this regard, the Committee recalls that, by virtue of Article 4, paragraph 2, of the Convention, each Member which ratifies this Convention shall list in its first report on the application of the Convention any categories of work which may have been excluded. The Committee would be grateful if the Government would provide information concerning the four categories of employment or work which are excluded from the application of the Convention, especially as regards the reasons for which it has decided to extend the period of exclusion for the four categories of work and the situation of child labour in such excluded categories.

2. Work on board ships. In its previous comments, the Committee had noted that, according to section 56 of the Employment Act, it is permitted to employ a young person under the age of 16 upon: (a) a ship in which only members of the same family are employed; or (b) a ship within the waters of the Bahamas. The Committee had asked the Government to indicate the position of its law and practice in respect of children working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. Noting the absence of information in the Government’s report, the Committee once again recalls that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, 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. Consequently, the Committee requests the Government to indicate whether or not it intends to exclude from the application of the Convention work undertaken by children under the age of 16 working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. If so, it requests the Government to indicate the reasons for such exclusion and the situation of child labour in such excluded category.

Article 7. Light work.  Referring to its previous comments, the Committee notes that section 7(3)(a) of the Child Protection Act 2007, provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. The Committee recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee requests the Government to provide information on the number of hours during which, and the conditions in which, light domestic, agricultural or horticultural work may be undertaken by children under the age of 16 years.

Article 9, paragraph 1. Penalties. The Committee notes that the Child Protection Act does not provide for sanctions in case of contravention of section 7 regarding child labour. It recalls that, by virtue of Article 9, paragraph 1, of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee requests the Government to indicate the legal provisions that prescribe penalties in case of violation of the Convention.

Article 9, paragraph 3. Registers of employment. In its previous comments, the Committee had noted the Government’s statement that registers or records regarding names, places of work, age, etc., were required under the Act to be kept by the employer and produced when required by an inspector for examination. The Committee had requested the Government to indicate the legal provisions requiring the keeping of such registers or records. Noting that the Government provides no information in its report, the Committee once again requests it to indicate the legal provisions that prescribe the registers or other documents which shall be kept and made available by the employer; and which must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9, paragraph 3, of the Convention, and to supply a copy of the relevant text.

Part V of the report form. Practical application of the Convention. The Committee notes that, according to the ILO and the CIDA Regional Child Labour Project study in the Bahamas, the Labour Inspectorate Unit does not have the human resource capability or the administrative framework to conduct the requisite inspection of workplaces for child labour. Moreover, the majority of children work in the informal sector, which is not generally inspected by the Inspectorate. The study recommends that the Labour Inspectorate Unit be given the specific mandate and resources to target child labour in its inspections. In light of the above, the Committee requests the Government to provide information on the measures taken or envisaged to reinforce the Labour Inspectorate Unit in order to secure the enforcement of the legal provisions relating to child labour. It also requests the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1. Scope of application. The Committee notes that section 49 of the Employment Act, 2001 provides that “child” means any person under the age of 14 years, and that section 50(1) of the same Act specifies that a child shall not be employed in any undertaking except as expressly provided in the First Schedule. The Committee stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. The Committee requests the Government to provide information on the manner in which children working outside an employment relationship in an undertaking are guaranteed the protection afforded by the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that compulsory schooling has been extended up to 16 years of age since July 1996 while the minimum age for admission to employment or work is 14. The Committee is of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If the age at which children may legally work is lower than the age of completion of compulsory schooling, then children required to attend school may also be legally competent to work, an obvious contradiction (see ILO: Minimum age, General Survey of the Reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). In this regard, the Committee notes that the Employment Act contains provisions limiting the hours that children may work with regard to their educational needs. Section 51 of the Employment Act provides that a child or young person shall not be employed in any work to be performed during any hours during which any school at which such person is a pupil is ordinarily in session, or during such other periods as may prejudice his attendance at such school or render him unfit to obtain the full benefit of the education provided for him. Moreover, section 59 of the same Act prohibits the employment of a young person outside school hours for more than three hours in a school day and 24 hours in a school week. The Committee nevertheless notes that according to the study: “The Bahamas: The situation of children in the worst forms of child labour”, children as young as 7 years old work as horse and carriage operators, children under 16 work as supermarket assistants, in restaurants as water boys or dishwashers. The study also suggests that for most children, their grade point averages trend downwards when they start to work, even if they attend school regularly. The Committee requests the Government to indicate how compulsory education is made effective in practice. It also requests the Government to provide information on school enrolment and attendance data. The Committee asks the Government to supply a copy of the text extending compulsory schooling up to 16 years.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes the Government’s indication that no work that jeopardizes the health, safety or morals of young persons is permitted. It also notes the Government’s statement in its report submitted to the Committee on the Rights of the Child (CRC/C18/Add.50, paragraph 300) according to which the Minister of Education may prohibit or restrict employment of children under the age of 18 years if he is of the opinion that employment is prejudicial to their health or would render them unfit to obtain the full benefit of education provided for them. The Committee recalls that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in types of work likely to jeopardize their health, safety or morals, in accordance with Article 3, paragraph 1, of the Convention. In the absence of such provisions, the Committee requests the Government to indicate any steps that have been taken or envisaged, either by the Minister of Education or any other authority, to set the minimum age for admission to hazardous work at 18.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that the national legislation does not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young persons below 18 years of age. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to provide information regarding progress made towards the adoption of legal provisions which would contain a list of activities and occupations to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention. It also requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject. The Committee asks the Government to provide a copy of this text once it has been adopted.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. 1. Grocery packers; gift wrappers; peanut vendors; newspaper vendors. The Committee notes from the Government’s first report its intention to exclude from the application of this Convention four categories of employment, listed in the First Schedule (section 50) of the Employment Act. This Schedule provides that for a period of five years from the coming into operation of this Act, a child may be employed in the following categories of work: (a) grocery packers; (b) gift wrappers; (c) peanut vendors and (d) newspaper vendors. The Committee notes that, the Employment Act having been enacted on 1 January 2002, these exclusions will expire by February 2007. As regards the limited duration of this exception, the Committee requests the Government to indicate any measures taken to prepare the smooth transition to the application of the specified minimum age as from February 2007 in the excluded categories of employment or work.

2. Work on board ships. The Committee notes that, according to section 56 of the Employment Act, it is permitted to employ a young person under the age of 16 upon: (a) a ship in which only members of the same family are employed; or (b) a ship within the waters of the Bahamas. The Committee recalls that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, 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. Paragraph 2 further provides that each member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee asks the Government to state, in its next report, the position of its law and practice in respect of children working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. The Committee also requests the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 6. Vocational training and apprenticeship. The Committee notes that the Government’s report contains no information on the system of vocational training and apprenticeship. It requests the Government to provide information on the system of vocational training and technical education, conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned for work done by children authorized as part of vocational or technical education. The Committee also requests the Government to indicate if national legislation provides for apprenticeship programmes, and if so, to provide information on the minimum age for apprenticeships, and on the conditions governing work done by apprentices.

Article 7. Light work. The Committee notes according to the Government’s report, that no exception to the minimum age for admission to employment or work, other than those listed under Article 4 of the Convention, is permitted. The Committee nevertheless observes that according to the ILO Rapid Assessment Study, it appears that quite a number of children under 14 years are economically active in some way or the other (page 28 of the Study). The Committee recalls that Article 7, paragraphs 1 and 4, of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health and development; (b) not such as to 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 also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It also draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework), for rest during the day and for leisure activities. The Committee accordingly requests the Government to provide information on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from 12 years and above.

Article 9, paragraph 3. Registers of employment. The Committee notes the Government’s statement that registers or records regarding names, places of work, age, etc., are required under the Act to be kept by the employer and produced when required by an Inspector for examination. The Committee requests the Government to indicate the legal provisions that prescribe the registers or other documents which shall be kept and made available by the employer; and which must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9, paragraph 3, of the Convention, and to supply a copy of the relevant text.

Parts III and IV of the report form. The Committee notes the information provided by the Government according to which administration of the Convention rests with the Ministry of Labour. It also notes that there are no court or tribunal rulings to date. The Committee therefore requests the Government to continue providing information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and if so, to supply the texts of these decisions.

Part V of the report form. Practical application of the Convention. The Committee notes the Government’s statement that the Convention is applied through legislation and education of all parties concerned as to the provisions of such legislation. The Committee also notes that in December 2002, ILO established the following study: “The Bahamas, the situation of children in the worst forms of child labour in a tourism economy: A Rapid Assessment”. It notes that of the 157 persons consulted, 46 (29 per cent) were children and young people under 18 years of age. It also notes that 65 (45 per cent) of these were related to general economic activity, 28 (19 per cent) were tourism-related, and 52 (36 per cent) were related to the worst forms of child labour. The general economic activities undertaken were mainly in services (dishwashers, horse and carriage operators, supermarket assistants, gas station attendants and car washing), vending (food, newspapers and crafts), trades (tyre repairs, roof repair and construction) and family businesses (craw fishing, crabbing, cleaning and selling conch, and cutting and selling sea sponge). Many of the children involved in general economic activity attended school and worked during the summer vacation and part-time after school and on weekends during school time. These children were between 7 and 17 years. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. It also notes the adoption of the Employment Act, 2001, enacted on 1 January 2002. The Committee notes with interest that the Bahamas ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 14 June 2001. The Committee requests the Government to provide additional information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s statement, according to which the national policy of the Bahamas concerning the abolition of child labour is outlined in the Employment Act, 2001. It also notes that the National Congress of Trade Unions and the Trade Union Congress, as well as the Bahamas Employers’ Confederation have all fielded representatives who have attended various forums concerning the development of national policies on child labour. The Committee therefore requests the Government to continue providing information on the development of national policies designed to ensure the effective abolition of child labour, and on the results attained.

Article 2, paragraph 1. Scope of application. The Committee notes that section 49 of the Employment Act, 2001 provides that "child" means any person under the age of 14 years, and that section 50(1) of the same Act specifies that a child shall not be employed in any undertaking except as expressly provided in the First Schedule. The Committee stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. The Committee requests the Government to provide information on the manner in which children working outside an employment relationship in an undertaking are guaranteed the protection afforded by the Convention.

Article 2, paragraphs 1 and 4. Minimum age for admission to employment or work. The Committee notes that the minimum age for admission to employment or work is 14. The Committee notes that the Government’s report contains no indication on the consultations which have taken place with employers’ and workers’ organizations with a view to fixing the minimum age at 14. It requests the Government to supply information on these consultations.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that compulsory schooling has been extended up to 16 years of age since July 1996 while the minimum age for admission to employment or work is 14. The Committee is of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If the age at which children may legally work is lower than the age of completion of compulsory schooling, then children required to attend school may also be legally competent to work, an obvious contradiction (see ILO: Minimum age, General Survey of the Reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). In this regard, the Committee notes that the Employment Act contains provisions limiting the hours that children may work with regard to their educational needs. Section 51 of the Employment Act provides that a child or young person shall not be employed in any work to be performed during any hours during which any school at which such person is a pupil is ordinarily in session, or during such other periods as may prejudice his attendance at such school or render him unfit to obtain the full benefit of the education provided for him. Moreover, section 59 of the same Act prohibits the employment of a young person outside school hours for more than three hours in a school day and 24 hours in a school week. The Committee nevertheless notes that according to the study: "The Bahamas: The situation of children in the worst forms of child labour", children as young as 7 years old work as horse and carriage operators, children under 16 work as supermarket assistants, in restaurants as water boys or dishwashers. The study also suggests that for most children, their grade point averages trend downwards when they start to work, even if they attend school regularly. The Committee requests the Government to indicate how compulsory education is made effective in practice. It also requests the Government to provide information on school enrolment and attendance data. The Committee asks the Government to supply a copy of the text extending compulsory schooling up to 16 years.

Article 2, paragraph 5. Persistence of reasons for specifying a minimum age of 14 years. The Committee reminds the Government that Article 2, paragraph 5, of the Convention states that each Member which has specified a minimum age of 14 years in pursuance of the provisions of the preceding paragraph shall include in its report a statement: (a) that its reason for doing so subsists; or (b) that it renounces its right to avail itself of the provisions in question as from a stated date. The Committee therefore would be grateful if the Government in its next report would state that the reason for its decision to specify a minimum age of 14 years for admission to employment or work subsists or not, in accordance with Article 2, paragraph 5, of the Convention.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes the Government’s indication that no work that jeopardizes the health, safety or morals of young persons is permitted. It also notes the Government’s statement in its report submitted to the Committee on the Rights of the Child (CRC/C18/Add.50, paragraph 300) according to which the Minister of Education may prohibit or restrict employment of children under the age of 18 years if he is of the opinion that employment is prejudicial to their health or would render them unfit to obtain the full benefit of education provided for them. The Committee recalls that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in types of work likely to jeopardize their health, safety or morals, in accordance with Article 3, paragraph 1, of the Convention. In the absence of such provisions, the Committee requests the Government to indicate any steps that have been taken or envisaged, either by the Minister of Education or any other authority, to set the minimum age for admission to hazardous work at 18.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that the national legislation does not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young persons below 18 years of age. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to provide information regarding progress made towards the adoption of legal provisions which would contain a list of activities and occupations to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention. It also requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject. The Committee asks the Government to provide a copy of this text once it has been adopted.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. 1. Grocery packers; gift wrappers; peanut vendors; newspaper vendors. The Committee notes from the Government’s first report its intention to exclude from the application of this Convention four categories of employment, listed in the First Schedule (section 50) of the Employment Act. This Schedule provides that for a period of five years from the coming into operation of this Act, a child may be employed in the following categories of work: (a) grocery packers; (b) gift wrappers; (c) peanut vendors and (d) newspaper vendors. The Committee notes that, the Employment Act having been enacted on 1 January 2002, these exclusions will expire by February 2007. As regards the limited duration of this exception, the Committee requests the Government to indicate any measures taken to prepare the smooth transition to the application of the specified minimum age as from February 2007 in the excluded categories of employment or work.

2. Work on board ships. The Committee notes that, according to section 56 of the Employment Act, it is permitted to employ a young person under the age of 16 upon: (a) a ship in which only members of the same family are employed; or (b) a ship within the waters of the Bahamas. The Committee recalls that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, 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. Paragraph 2 further provides that each member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee asks the Government to state, in its next report, the position of its law and practice in respect of children working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. The Committee also requests the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 6. Vocational training and apprenticeship. The Committee notes that the Government’s report contains no information on the system of vocational training and apprenticeship. It requests the Government to provide information on the system of vocational training and technical education, conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned for work done by children authorized as part of vocational or technical education. The Committee also requests the Government to indicate if national legislation provides for apprenticeship programmes, and if so, to provide information on the minimum age for apprenticeships, and on the conditions governing work done by apprentices.

Article 7. Light work. The Committee notes according to the Government’s report, that no exception to the minimum age for admission to employment or work, other than those listed under Article 4 of the Convention, is permitted. The Committee nevertheless observes that according to the ILO Rapid Assessment Study, it appears that quite a number of children under 14 years are economically active in some way or the other (page 28 of the Study). The Committee recalls that Article 7, paragraphs 1 and 4, of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health and development; (b) not such as to 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 also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It also draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework), for rest during the day and for leisure activities. The Committee accordingly requests the Government to provide information on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from 12 years and above.

Article 8. Artistic performances. The Committee notes the Government’s statement that no use has been made in the Bahamas of the exceptions permitted by this Article. The Committee draws the Government’s attention to the possibility under Article 8 of the Convention to establish a system of individual permits for children under the minimum age who participate in activities such as artistic performances, if these are performed in practice. The Committee requests the Government to provide information on whether children under the age of 14 years participate in artistic performances in practice.

Article 9, paragraph 3. Registers of employment. The Committee notes the Government’s statement that registers or records regarding names, places of work, age, etc., are required under the Act to be kept by the employer and produced when required by an Inspector for examination. The Committee requests the Government to indicate the legal provisions that prescribe the registers or other documents which shall be kept and made available by the employer; and which must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9, paragraph 3, of the Convention, and to supply a copy of the relevant text.

Parts III and IV of the report form. The Committee notes the information provided by the Government according to which administration of the Convention rests with the Ministry of Labour. It also notes that there are no court or tribunal rulings to date. The Committee therefore requests the Government to continue providing information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and if so, to supply the texts of these decisions.

Part V of the report form. Practical application of the Convention. The Committee notes the Government’s statement that the Convention is applied through legislation and education of all parties concerned as to the provisions of such legislation. The Committee also notes that in December 2002, ILO established the following study: "The Bahamas, the situation of children in the worst forms of child labour in a tourism economy: A Rapid Assessment". It notes that of the 157 persons consulted, 46 (29 per cent) were children and young people under 18 years of age. It also notes that 65 (45 per cent) of these were related to general economic activity, 28 (19 per cent) were tourism-related, and 52 (36 per cent) were related to the worst forms of child labour. The general economic activities undertaken were mainly in services (dishwashers, horse and carriage operators, supermarket assistants, gas station attendants and car washing), vending (food, newspapers and crafts), trades (tyre repairs, roof repair and construction) and family businesses (craw fishing, crabbing, cleaning and selling conch, and cutting and selling sea sponge). Many of the children involved in general economic activity attended school and worked during the summer vacation and part-time after school and on weekends during school time. These children were between 7 and 17 years. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.