Minimum Age Convention, 1973 (No. 138) - Jamaica (Ratification: 2003)

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

Previous comment

Article 1 of the Convention. National policy. The Committee notes that, according to Jamaica’s national report of 18 August 2020 submitted to the United Nations Human Rights Council in the context of the Universal Periodic Review (A/HRC/WG.6/36/JAM/1, para. 101), the National Plan of Action (NPA) on Child Labour was developed in 2019, in the context of the Country Level Engagement and Assistance to Reduce Child Labour II (CLEAR II) project. The CLEAR II project is a four-year United States Department of Labor (USDOL)-funded project that aims to support a global reduction in child labour. The Committee requests the Government to pursue its efforts to combat child labour and to provide information on the specific measures taken, particularly within the framework of the NPA, and the results achieved in this regard.

Articles 3(2), 7(3) and 9(3). Determination of hazardous work, determination of light work, and registers of employment. Following its previous comments, the Committee observes, from the Government’s report, that:

• the Hazardous Work List is still being amended, following consultation with stakeholders, and based on feedback received. Subsequently, Cabinet’s approval will be sought to append the list to the Child Care and Protection Act (CCPA) or Occupational Safety and Health (OSH) Bill, after which the Parliamentary proceedings will follow.
• amendments to the draft Light Work List, to be adopted pursuant to section 34(1) and (2) of the CCPA, are still being made based on stakeholder consultations and feedback received. Subsequently, Cabinet’s approval will be sought to append the list to the CCPA or OSH Bill, pursuant to which the Parliamentary proceedings will follow.
• amendments to the CCPA to include provisions prescribing registers to be kept by employers hiring children under 18 years of age, in accordance with Article 9(3) of the Convention on registers of employment, are now at the Legal Reform Department of the Ministry of Justice and at the Chamber of the Attorney General for their review. Parliamentary proceedings will follow.

While it takes note of this information, the Committee notes with concern that the Hazardous Work List, Light Work List, and amendments to the CCPA relating to registers of employment, have yet not been adopted, although the Committee has been referring to these issues for many years. The Committee once again urges the Government to take the necessary measures to ensure the adoption, without delay: (i) of the list of types of hazardous work prohibited for persons under 18 years of age; (ii) of the list of light work activities permitted for children between 13 and 15 years of age; and (iii) of the amendments to the CCPA so as to include provisions prescribing registers to be kept by employers hiring children under 18 years of age. It requests the Government to provide information on any progress made in this regard and to provide copies of the relevant lists and amendments, once adopted.

Labour inspection in the informal economy. In response to its previous comments regarding the challenges faced by the labour inspectorate in monitoring the informal economy, the Committee notes the Government’s indication that it continues to engage in the training of the labour inspectorate to better aid inspectors in identifying and reporting cases of child labour. This is also done in the framework of the Transition to Formality Action Plan for Household Workers and Fisher Folks (TFAP) 2021–24, which among its key strategies includes: (1) the improvement of the capacity of staff within the Ministry of Labour and Social Security to undertake inspections in the sectors in question, not being limited to commercial buildings and factories; and (2) building awareness for the elimination of child labour in household work and the fishing industry. The Committee requests the Government to continue to strengthen the functioning of the labour inspectorate to enable it to effectively monitor and detect cases of child labour, in particular in the informal economy. In this regard, it requests the Government to provide statistical information on the number and nature of violations detected by the labour inspectorate related to child labour, and penalties assessed.

Application of the Convention in practice. The Committee previously took note of the statistics of 2016 according to which 5.8 per cent of children (38,000) between the ages of 5 and 17 years were engaged in child labour. Among these, 68.6 per cent of children (26,000) were involved in hazardous work. A vast majority of children were employed in private households (50.1 per cent), followed by wholesale and retail (20.7 per cent), and the agriculture and fishing sectors (17.4 per cent). The Committee requests the Government to provideupdated statistics on the child labour situation, such as recent statistics disaggregated by gender and age, relating to the nature, extent and trends of work done by children under the minimum age of 15 years.

The Committee expresses the hope that the Government will continue to take it comments into consideration during the ongoing revision of the CCPA. It reminds the Government that it can avail itself of ILO technical assistance in this regard.

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

Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted that the draft list of types of hazardous work prohibited for persons below 18 years of age which was developed in consultation with the social partners would be included in the regulations of the new Occupational Safety and Health Act (OSH Act). It also noted the Government’s indication that, pending the adoption of the OSH Act, improvements were being made to this list to make it more comprehensive. The Committee urged the Government to take the necessary measures to ensure the adoption of this list of hazardous work prohibited to children.

The Committee notes the Government’s information in its report that the National Steering Committee on Child Labour has finalized the Hazardous Work List in April 2019 and that it is in the final stage of getting appended to the Child Care and Protection Act (CCPA) as well as to the OSH Bill which is currently being considered by a Joint Select Committee of the Houses of Parliament. Noting that the Government has been referring to the compilation and adoption of this list since 2006, the Committee urges the Government to take the necessary measures to ensure the adoption, without delay, of the list of types of hazardous work prohibited for persons under 18 years of age, either with the CCPA or OSH Bill. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 7(3). Determination of light work. In its previous comments, the Committee noted that section 34(1) and (2) of the CCPA permits the employment of a child between 13 and 15 years of age in an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such a child may be so employed. In this regard, the Government indicated that a draft list of occupations constituting light work was being examined by a panel consisting of safety inspectors, workers’ and employers’ representatives and would be included in the regulations of the new OSH Act.

The Committee notes the Government’s indication that the Light Work List has been finalized through consultations with the members of the National Steering Committee on Child Labour and that amendments to the respective legislation to which it shall be appended will be completed at the soonest possible time. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure the adoption of the list of light work activities permitted for children between 13 and 15 years of age. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 9(3). Registers of employment. The Committee previously noted that the available texts of legislation did not contain provisions requiring an employer to keep registers and documents of persons employed or working under him/her. It noted the Government’s indication that the CCPA was being reviewed and would include provisions prescribing employers to keep records of children employed for artistic performances and requiring a person employing a child to notify and provide the Child Labour Unit of the Ministry of Labour and Social Security with relevant details in order to receive the grant of an exemption permit.

The Government states that the CCPA is being amended to include provisions in accordance with Article 9(3) of the Convention. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments to the CCPA will include provisions prescribing registers to be kept by employers hiring children under 18 years of age, in accordance with Article 9(3) of the Convention, and that it will be adopted without delay. It requests the Government to provide information on any progress made in this regard, and to provide a copy once it has been adopted.

Labour inspection and the application of the Convention in practice. The Committee previously noted the Government’s indication that the draft OSH Act would replace the Factories Act and provide an improved framework for labour inspectors with regard to monitoring cases of child labour in sectors where they hitherto had limited powers, including the informal sector. It also noted the Government’s information that in the framework of the adoption of the new OSH Act, capacity-building workshops had been conducted for labour inspectors in order to provide an update on their new roles and responsibilities under the new Act. It noted however that labour officers’ powers of inspection are limited to commercial buildings and factories, which greatly restricts their capacity to monitor child labour in the informal economy. The Committee urged the Government to ensure the adoption of the draft OSH Act and to continue to intensify its efforts to strengthen the capacity and expand the reach of the labour inspectorate to informal economy.

The Committee notes the Government’s information that the Ministry of Labour and Social Security continues to provide training, workshops and sensitization sessions aimed at preparing labour inspectors to carry out their functions under the impending OSH Act. The Committee however notes from an ILO publication entitled Child labour and the Youth Decent Work Deficit in Jamaica, 2018, that expanding the Government’s actual capacity to monitor formal workplaces remains a major challenge, and unregistered businesses in the informal economy are largely outside the formal inspection regime. The Committee notes that according to the report of the Jamaican National Youth Activity Survey, 2016, 5.8 per cent of children (38,000) between the ages of 5 and 17 years are engaged in child labour. Among these, 68.6 per cent of children (26,000) are involved in hazardous work. A vast majority of children are employed in private households (50.1 per cent), followed by wholesale and retail (20.7 per cent), and the agriculture and fishing sectors (17.4 per cent). The Committee notes with concern that a significant number of children are engaged in child labour, including in hazardous work. The Committee accordingly urges the Government to intensify its efforts to ensure the effective elimination of child labour, particularly in the informal economy and in hazardous conditions. In this regard, it strongly encourages the Government to intensify its efforts to strengthen the capacity and expand the reach of the labour inspectorate, including through the allocation of additional resources, in monitoring child labour in the informal economy. It requests the Government to continue to provide information on the measures taken in this regard and the results achieved.

The Committee expresses the hope that the Government will continue to take into consideration the Committee’s comments while revising the CCPA and the OSH Act. It further expresses the firm hope that the revised legislations will be adopted without delay.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted that a draft list of types of hazardous employment or work prohibited for persons below 18 years of age had been developed in consultation with the social partners. The Committee noted that this draft list contained 45 types of prohibited work. It also noted that the list of hazardous work would be included in the regulations of the new Occupational Safety and Health Act (OSH Act), when adopted.

The Committee notes the Government’s indication that, pending adoption of the new OSH Act, improvements to the existing list have been made to make it more comprehensive. The Government indicates that the list will be provided as soon as it is available. Noting with regret that the Government has been compiling this list since 2006, the Committee urges the Government to take the necessary measures to ensure that the list of types of hazardous work prohibited for persons under 18 years of age is adopted and included in the regulations of the OSH Act in the near future. It requests the Government to provide a final copy of the list, once adopted.

Article 7(3). Determination of light work. The Committee previously noted that section 34(1) and (2) of the Child Care and Protection Act permits the employment of a child between 13 and 15 years in an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such a child may be so employed. In this regard, the Government indicated that a draft list of occupations constituting light work was being examined by a panel consisting of safety inspectors, workers’ and employers’ representatives and would be included in the regulations of the new OSH Act. Noting the Government’s indication that the list will be submitted as soon as it is available, the Committee urges the Government to take the necessary measures to ensure that the OSH Act, and its regulations containing the list of light work permitted for children, are adopted in the very near future.

Article 9(1). Penalties and the labour inspectorate. The Committee previously noted that labour inspections are confined to the formal sector, and that labour inspectors have yet to detect any cases of child labour in the course of inspections. In this regard, the Committee noted the information from ILO–IPEC that the informal sector was one of the main sectors in which child labour occurs. However, the Committee noted the Government’s indication that the draft OSH Act would replace the Factories Act and provide an improved framework for labour inspectors with regard to monitoring cases of child labour in sectors where they hitherto had limited powers, including the informal sector. The Government also indicated that the penalties under the draft OSH Act had been increased. The Committee noted that the new OSH Act would authorize labour inspectors to enforce the appropriate sanctions where a breach had been committed. The Committee noted however that labour officers’ powers of inspection are limited to commercial buildings and factories, which greatly restricts their capacity to monitor child labour in the informal economy.

The Committee notes the information in the Government’s report that, in the framework of the adoption of the new OSH Act, capacity-building workshops have been conducted for labour inspectors in order to provide an update on their new roles and responsibilities under the new Act. The Government indicates that it is now more than likely that the number of inspectors will be increased in response to the expected increase of inspections of workplaces. The Committee urges the Government to ensure the adoption of the provisions of the draft OSH Act which will enable labour inspectors to enforce appropriate sanctions. The Committee also requests the Government to redouble its efforts to ensure that adequate penalties are imposed for breach of the provisions giving effect to the Convention. It further requests the Government to continue to intensify its efforts to strengthen the capacity and expand the reach of the labour inspectorate, including through the allocation of additional resources, in preparation for the labour inspectorate’s expanded role, pursuant to the draft OSH Act, in monitoring child labour in the informal economy.

Article 9(3). Registers of employment. The Committee previously noted that the available texts of legislation did not contain provisions requiring an employer to keep registers and documents of persons employed or working under him/her. However, it noted the Government’s statement that the legal framework on this issue was being examined by the Ministry.

The Committee notes the Government’s indication that the Child Care and Protection Act (CCPA) is being reviewed and will include provisions prescribing employers to keep records of children employed for artistic performances. It will also require from a person employing a child to notify and provide the Child Labour Unit of the Ministry of Labour and Social Security with relevant details in order to receive the grant of an exemption permit. The Committee recalls that, by virtue of Article 9(3) of the Convention, legislative provisions shall prescribe the registers 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, covering all sectors and activities, not only artistic performances. The Committee therefore requests the Government to take the necessary measures in the near future to ensure that the CCPA is amended to include provisions prescribing registers to be kept by employers hiring children under 18, in accordance with Article 9(3) of the Convention.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that the process of the development of a National Survey on Child Labour will start at the end of 2015–early 2016. The Government indicates that several quick and unscientific assessments (dipstick surveys) were conducted in parts of the country considered as “hotspots”, revealing notably that most of the working children are involved in domestic work (93 per cent) followed by agriculture and street/market activities. The Committee also notes that, according to the Multiple Indicator Cluster Survey conducted in 2011, 16.7 per cent of boys and 13.8 per cent of girls aged 5 to 11 years old were involved in child labour, as well as 11.6 per cent of boys and 9.7 per cent of girls aged 12 to 14. The Committee requests the Government to pursue its efforts to combat child labour, and to provide information on the measures taken in this regard. The Committee also requests the Government to continue its efforts to undertake a child labour survey, to ensure that sufficient up-to-date data on the situation of working children in Jamaica is available, including, for example, data on the number of children and young persons who are engaged in economic activities and statistics relating to the nature, scope and trends of their work.

The Committee expresses the firm hope that the Government will take into consideration the Committee’s comments while finalizing its draft legislation. The Committee invites the Government to consider availing technical assistance from the ILO to bring its legislation into conformity with the Convention.

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

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

Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted that a draft list of types of hazardous employment or work prohibited for persons below 18 years of age had been developed in consultation with the social partners. The Committee noted that this draft list contained 45 types of prohibited work. It also noted that the list of hazardous work would be included in the regulations of the new Occupational Safety and Health Act (OSH Act), when adopted.

The Committee notes the Government’s indication that, pending adoption of the new OSH Act, improvements to the existing list have been made to make it more comprehensive. The Government indicates that the list will be provided as soon as it is available. Noting with regret that the Government has been compiling this list since 2006, the Committee urges the Government to take the necessary measures to ensure that the list of types of hazardous work prohibited for persons under 18 years of age is adopted and included in the regulations of the OSH Act in the near future. It requests the Government to provide a final copy of the list, once adopted.

Article 7(3). Determination of light work. The Committee previously noted that section 34(1) and (2) of the Child Care and Protection Act permits the employment of a child between 13 and 15 years in an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such a child may be so employed. In this regard, the Government indicated that a draft list of occupations constituting light work was being examined by a panel consisting of safety inspectors, workers’ and employers’ representatives and would be included in the regulations of the new OSH Act. Noting the Government’s indication that the list will be submitted as soon as it is available, the Committee urges the Government to take the necessary measures to ensure that the OSH Act, and its regulations containing the list of light work permitted for children, are adopted in the very near future.

Article 9(1). Penalties and the labour inspectorate. The Committee previously noted that labour inspections are confined to the formal sector, and that labour inspectors have yet to detect any cases of child labour in the course of inspections. In this regard, the Committee noted the information from ILO–IPEC that the informal sector was one of the main sectors in which child labour occurs. However, the Committee noted the Government’s indication that the draft OSH Act would replace the Factories Act and provide an improved framework for labour inspectors with regard to monitoring cases of child labour in sectors where they hitherto had limited powers, including the informal sector. The Government also indicated that the penalties under the draft OSH Act had been increased. The Committee noted that the new OSH Act would authorize labour inspectors to enforce the appropriate sanctions where a breach had been committed. The Committee noted however that labour officers’ powers of inspection are limited to commercial buildings and factories, which greatly restricts their capacity to monitor child labour in the informal economy.

The Committee notes the information in the Government’s report that, in the framework of the adoption of the new OSH Act, capacity-building workshops have been conducted for labour inspectors in order to provide an update on their new roles and responsibilities under the new Act. The Government indicates that it is now more than likely that the number of inspectors will be increased in response to the expected increase of inspections of workplaces. The Committee urges the Government to ensure the adoption of the provisions of the draft OSH Act which will enable labour inspectors to enforce appropriate sanctions. The Committee also requests the Government to redouble its efforts to ensure that adequate penalties are imposed for breach of the provisions giving effect to the Convention. It further requests the Government to continue to intensify its efforts to strengthen the capacity and expand the reach of the labour inspectorate, including through the allocation of additional resources, in preparation for the labour inspectorate’s expanded role, pursuant to the draft OSH Act, in monitoring child labour in the informal economy.

Article 9(3). Registers of employment. The Committee previously noted that the available texts of legislation did not contain provisions requiring an employer to keep registers and documents of persons employed or working under him/her. However, it noted the Government’s statement that the legal framework on this issue was being examined by the Ministry.

The Committee notes the Government’s indication that the Child Care and Protection Act (CCPA) is being reviewed and will include provisions prescribing employers to keep records of children employed for artistic performances. It will also require from a person employing a child to notify and provide the Child Labour Unit of the Ministry of Labour and Social Security with relevant details in order to receive the grant of an exemption permit. The Committee recalls that, by virtue of Article 9(3) of the Convention, legislative provisions shall prescribe the registers 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, covering all sectors and activities, not only artistic performances. The Committee therefore requests the Government to take the necessary measures in the near future to ensure that the CCPA is amended to include provisions prescribing registers to be kept by employers hiring children under 18, in accordance with Article 9(3) of the Convention.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that the process of the development of a National Survey on Child Labour will start at the end of 2015–early 2016. The Government indicates that several quick and unscientific assessments (dipstick surveys) were conducted in parts of the country considered as “hotspots”, revealing notably that most of the working children are involved in domestic work (93 per cent) followed by agriculture and street/market activities. The Committee also notes that, according to the Multiple Indicator Cluster Survey conducted in 2011, 16.7 per cent of boys and 13.8 per cent of girls aged 5 to 11 years old were involved in child labour, as well as 11.6 per cent of boys and 9.7 per cent of girls aged 12 to 14. The Committee requests the Government to pursue its efforts to combat child labour, and to provide information on the measures taken in this regard. The Committee also requests the Government to continue its efforts to undertake a child labour survey, to ensure that sufficient up-to-date data on the situation of working children in Jamaica is available, including, for example, data on the number of children and young persons who are engaged in economic activities and statistics relating to the nature, scope and trends of their work.

The Committee expresses the firm hope that the Government will take into consideration the Committee’s comments while finalizing its draft legislation. The Committee invites the Government to consider availing technical assistance from the ILO to bring its legislation into conformity with the Convention.

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

Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted that a draft list of types of hazardous employment or work prohibited for persons below 18 years of age had been developed in consultation with the social partners. The Committee noted that this draft list contained 45 types of prohibited work.

The Committee notes the information in the Government’s report that stakeholder consultations on the hazardous work list were undertaken within the framework of the Tackling Child Labour through Education (TACKLE) Project. The Committee also notes the Government’s statement in its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the list of hazardous work will be included in the regulations of the new Occupational Safety and Health Act (OSH Act), when adopted. Noting that the Government has been compiling this list since 2006, the Committee urges the Government to take the necessary measures to ensure that the list of types of hazardous work prohibited for persons under 18 years of age is adopted in the near future. It requests the Government to provide a final copy of the list, once adopted.

Article 7(3). Determination of light work. The Committee previously noted that section 34(1) and (2) of the Child Care and Protection Act permits the employment of a child between 13 and 15 years in an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such a child may be so employed. In this regard, the Government indicated that a draft list of occupations constituting light work was being examined by a panel consisting of safety inspectors, workers’ and employers’ representatives and would be included in the regulations for the new OSH Act. This draft list of light work permitted for children included household chores, hair-braiding, work as a supermarket packer, clerical work and newspaper vending.

The Committee notes the Government’s statement that the draft List of Light Work Permitted for Children was recently reviewed, for inclusion in the new OSH Act. The Government indicates that the draft OSH Act was recently reviewed in preparation for its submission to Parliament for debate. The Committee once again requests the Government to take the necessary measures to ensure that the OSH Act, and its regulations containing the List of Light Work Permitted for Children, are adopted in the near future.

Article 9(1) and part III of the report form. Penalties and the labour inspectorate. The Committee previously noted that labour inspections are confined to the formal sector, and that labour inspectors have yet to detect any cases of child labour in the course of inspections. In this regard, the Committee noted the information from ILO–IPEC that the informal sector was one of the main sectors in which child labour occurs. However, the Committee noted the Government’s indication that the draft OSH Act would replace the Factories Act and provide an improved framework for labour inspectors with regard to monitoring cases of child labour in sectors where they hitherto had limited powers, including the informal sector. The Government also indicated that the penalties under the draft OSH Act had been reviewed and that fines ranging from 250,000 Jamaican dollars (JMD)to JMD1,000,000 could be imposed under this Act, and a person could also be imprisoned for a period not exceeding three months if in default of such a fine.

The Committee notes the Government’s indication that the new OSH Act will authorize labour inspectors to enforce the appropriate sanctions where a breach has been committed. The Committee also notes the Government’s statement that, within the framework of the TACKLE Project, measures have been taken to sensitize the labour inspectorate on child labour issues, through local workshops and training at the International Training Centre of the ILO. However, the Committee notes the information in the document entitled “Child Labour Legislative Gap Analysis” of March 2012, submitted with the Government’s report under Convention No. 182, that labour officers’ powers of inspection are limited to commercial buildings and factories, which greatly restricts their capacity to monitor informal sectors of the economy for child labour practices. This report also indicates that while the reporting of cases of child labour has increased, arrests and prosecutions for the child labour offences have not necessarily resulted. Recalling that, by virtue of Article 9(1), of the Convention, all necessary measures shall be taken by the competent authority, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention, the Committee requests the Government to redouble its efforts to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. In this regard, the Committee requests the Government to pursue its efforts to ensure the adoption of the provisions of the draft OSH Act which will enable labour inspectors to enforce appropriate sanctions. It further requests the Government to redouble its efforts to strengthen the capacity and expand the reach of the labour inspectorate, including the allocation of additional resources, in preparation for the labour inspectorate’s expanded role, pursuant to the draft OSH Act, in monitoring the informal economy.

Article 9(3). Registers of employment. The Committee previously noted that the available texts of legislation did not contain provisions requiring an employer to keep registers and documents of persons employed or working under him/her. However, it noted the Government’s statement that the legal framework on this issue was being examined by the Ministry.

Noting an absence of information on this point in the Government’s report, the Committee reminds the Government that legislative provisions shall prescribe the registers 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(3) of the Convention. The Committee once again requests the Government to take the necessary measures in the near future to ensure the adoption of provisions prescribing registers to be kept by employers, in conformity with Article 9(3) of the Convention.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the information from UNICEF that 7 per cent of boys and 5 per cent of girls between the ages of 5 and 14 years worked in the years 1999–2006. The Committee noted the information from ILO–IPEC that the main areas of work for children are in agriculture, fishing and the informal sector (including selling goods and services and domestic work). The Committee also noted that the TACKLE Project was launched in Jamaica in 2009. It further noted the information from ILO–IPEC that reliable data and statistics on the number of child labourers in Jamaica was scarce.

The Committee notes the Government’s statement that through the TACKLE Project, and in collaboration with non-governmental organizations, direct support has been provided to over 500 children, in the form of remedial education, skills training, awareness-raising, and help for children and their families in accessing social support mechanisms. The Government also indicates that the Ministry of Labour and Social Security has developed a Child Labour Policy, and that a Child Labour Handbook for Professionals has been developed. The Government further indicates that the social partners have taken measures to address child labour, such as the establishment of a Child Labour Steering Committee and the adoption of a child labour policy by the Jamaica Confederation of Trade Unions, and the development of a draft child labour policy by the Jamaica Employers Federation.

The Committee further notes the Government’s statement, in its report submitted under Convention No. 182, that it is expected that a Child Labour Survey will be conducted to assist in assessing the impact of the various initiatives taken. In addition, the Committee notes the information in the document entitled “Child Labour Legislative Gap Analysis” of March 2012, that a Children’s Registry has been established to receive, review and refer reports made under the Child Care and Protection Act. This report indicates that in 2008, the Office of the Children’s Registry received 17 reports related to child labour, 22 such reports in 2009, 52 reports in 2010 and 38 reports between January and July 2011. The Committee requests the Government to pursue its efforts to combat child labour, and to continue to provide information on the measures taken in this regard. The Committee also requests the Government to continue its efforts to undertake a child labour survey, to ensure that sufficient up-to-date data on the situation of working children in Jamaica is available, including, for example, data on the number of children and young persons who are engaged in economic activities and statistics relating to the nature, scope and trends of their work.

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

Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted that a draft list of types of hazardous employment or work prohibited for persons below 18 years of age had been developed in consultation with the social partners. The Committee requested a copy of this draft list.

The Committee notes the copy of the draft list of types of hazardous work prohibited for children, included in the Government’s report. The Committee notes that this draft list contains 45 types of prohibited work, divided into invisible and visible types of work. Noting that the Government has been compiling this list since 2006, the Committee requests the Government to take the necessary measures to ensure that this draft list of types of hazardous work prohibited for persons under 18 years of age is adopted in the near future. It requests the Government to provide a final copy of the list, once it has been adopted.

Article 6. Vocational training and apprenticeship. The Committee previously requested the Government to provide information on the system of vocational training and technical education. The Committee notes the information in the Government’s report that vocational and technical education in Jamaica is administered by the Ministry of Education through its Technical and Vocational Unit. This unit liaises with numerous institutions which offer technical and vocational programmes in subjects such as agriculture, arts and crafts, business education, home economics and industrial education. The Committee also notes that the Government undertook a project to rationalize the existing technical and vocational programmes in secondary schools, which involved the sharing of facilities among schools in geographic proximity. The Committee further notes that the Government developed a five-year strategic plan entitled “Roadmap for Mainstreaming TVET in Jamaica Public High Schools 2009–2014” and a programme entitled “Career Advancement Programme” to provide support and guidance to students between the ages of 16 to 18 years in choosing a career.

Article 7(3). Determination of light work. The Committee previously noted that section 34(1) and (2) of the Child Care and Protection Act (CCPA) imposes a prohibition on the employment of a child between 13 and 15 years of age in the performance of any work, with the exception of an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such a child may be so employed. It noted the Government’s indication that a draft list of occupations constituting light work (pursuant to section 34 of the CCPA) was under review by a panel consisting of safety inspectors, workers’ and employers’ representatives. The Committee requested a copy of this list.

The Committee notes the copy of the draft list of light work permitted for children included in the Government’s report, and notes the Government’s indication that this draft list of light work is to be included in the regulations for the new Occupational Health and Safety Act (OSH Act). This draft list of light work permits children to engage in household chores, hair-braiding, work as a supermarket packer, clerical work and newspaper vending. The Committee requests the Government to take the necessary measures to ensure that the OSH Act and its regulations are adopted in the near future.

Article 9(1). Penalties. The Committee previously noted the information in the Government’s report that the penalties under the OSH Act have been reviewed and that fines ranging from $250,000 to $1,000,000 can now be imposed; a person can also be imprisoned for a period not exceeding three months if in default of such a fine. It requested the Government to indicate which provisions of the OSH Act regulated violations of the provisions of the Convention. The Committee notes the Government’s statement that it is envisioned to include provisions for the enforcement of sanctions for violations of the OSH Act in its regulations. The Committee requests the Government to provide a copy of the OSH Act, and its regulations, as soon as they have been adopted.

Article 9(3). Registers of employment. The Committee previously noted the Government’s indication that labour inspectors are required to examine all the records of employers, including service records, which contain biographic information. In situations where the labour inspector is in doubt about someone’s age, a request can be made for the person’s birth certificate to be produced. The Government indicated that labour inspectors had been sensitized to this fact. Nonetheless, the Committee noted that the available texts of legislation did not contain provisions requiring the employer to keep registers and documents of persons employed or working under him/her. However, it noted the Government’s statement that the legal framework on this issue was being examined by the Ministry. The Committee reminded the Government that legislative provisions shall prescribe the registers 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(3) of the Convention.

The Committee notes the Government’s statement that it has noted the comments of the Committee, and would provide a copy of the legislative provisions when adopted. The Committee requests the Government to take the necessary measures in the near future to ensure the adoption of provisions prescribing registers to be kept by employers, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. In its previous comments, the Committee noted that the OHS Act will replace the Factories Act and provide an improved framework for labour inspectors with regard to monitoring (and taking legal action) in cases of child labour in sectors where they hitherto had limited powers, including the informal sector. It requested the Government to provide information on inspections made under the OSH Act.

The Committee once again notes the Government’s statement that the OSH Act has yet to be enacted. The Government indicates that labour inspections are therefore still confined to the formal sector, and that labour inspectors have yet to detect any cases of child labour in the course of inspections. In this regard, the Committee notes the information in the ILO–IPEC Technical Progress Report for the Tackling Child Labour through Education (TACKLE) Project of March 2010 (TACKLE Project TPR), that the informal sector is one of the main sectors in which child labour occurs. The Committee also notes the information in a report on the worst forms of child labour in Jamaica, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) that current resources are insufficient to investigate child labour. The Committee therefore requests the Government to take the necessary measures to ensure that the provisions in the OSH Act, mandating child labour inspections in the informal sector, are adopted in the near future. It also requests the Government to provide information on the measures taken to strengthen the capacity of the labour inspectorate, including the allocation of additional resources, in preparation for the labour inspectorate’s expanded role in monitoring the informal sector.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the information in a UNICEF report that 7 per cent of boys and 5 per cent of girls between the ages of 5 and 14 years worked in the years 1999–2006. The Committee noted the Government’s indication that child labour statistics would be incorporated into the Ministry’s Labour Market Information System and requested the Government to provide recent information on the application of the Convention in practice.

The Committee notes the ILO–IPEC information that the TACKLE Project TPR was launched in Jamaica in 2009. This project aims to contribute to poverty reduction by providing equitable access to basic education and skills development to the most disadvantaged sections of society. The Committee notes the information in the TACKLE Project TPR, that within the framework of this Project, action programmes (with the collective target of withdrawing 630 children from child labour, and preventing an additional 1,870 children from entering child labour) are in development.

The Committee notes the information in the TACKLE Project TPR that the main areas of work for children are in agriculture, fishing and the informal sector (including selling goods and services and domestic work). However, the TACKLE Project TPR also indicates that reliable data and statistics on the number of child labourers in Jamaica are scarce, and the current magnitude of the child labour situation is largely unknown in a quantitative sense. The TACKLE Project TPR indicates that the terms of reference for a number of studies on the topic have been drafted, and that the findings of these studies will contribute to the planning of future action programmes. The Committee requests the Government to provide information on the impact of the action programmes adopted in the context of the TACKLE Project, particularly the number of children reached through these measures. The Committee also requests the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in Jamaica is available, including, for example, data on the number of children and young persons who are engaged in economic activities and statistics relating to the nature, scope and trends in the labour of children and young persons working below the minimum age.

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

Article 3, paragraph 2, of the Convention. Determination of hazardous work. In its previous comments, the Committee had requested the Government to provide a list of types of hazardous employment or work prohibited for persons below 18 years of age, as well as to provide information on the consultations held with the organizations of employers and workers. The Committee notes in the Government’s report that consultations to determine a draft list were held at a workshop with the following stakeholders: the Child Development Agency, the trade union organizations, the Jamaica Employers’ Federation, the Children’s Advocate, the media and other members from both public and private sectors. This draft list is to be reviewed by a small panel of experts from the Occupational Safety and Health Department, Legal and Child Labour Units. Furthermore, it is proposed that this list be included in the regulations to support the new Occupational Safety and Health Act (OSH Act). However, the Committee notes that the draft list to which reference is made was not included in the Government’s report. It therefore once again requests the Government to provide a copy of the draft list of the types of hazardous work to be prohibited for persons below 18 years of age, along with its next report.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee had requested the Government to provide information on the results of the necessary discussions to be initiated at the level of the Labour Advisory Council as soon as they were adopted. The Committee notes in the Government’s report that the matter is still under discussion. It reminds the Government that, under Article 4, paragraph 2, each Member which ratifies the Convention shall list in its first report any categories which may have been excluded in pursuance of Article 4, paragraph 1. However, the Committee notes that a list of categories of employment or work to be excluded from the application of the Convention has not been received.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted that section 49(2) of the Building Operation and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968, prohibits the employment of persons under the age of 18 to give signals to the operator of any lifting appliance driven by mechanical power or to operate any such appliance except under the direct supervision of a competent person for the purpose of training. It further noted that, by virtue of section 130 of the Shipping Act, 1999, the Minister may make regulations providing for “apprenticeship to sea service”. The Committee noted that, under these provisions, the minimum age for apprenticeship is not clear. It asked the Government to provide information on the minimum age for apprenticeship, including in the maritime sector, and on the conditions governing work done by apprentices. Furthermore, the Committee requested the Government to provide information on the system of vocational training and technical education, specifying the conditions prescribed by the competent authority.

The Committee notes the Government’s statement that the current minimum age for apprenticeships is set at 15 years of age. It notes that section 5(1) of the Apprenticeship Act permits the Apprenticeship Board to make apprenticeship orders regarding matters including: the grant to apprentices of vacation, sick and study leave; the minimum rates of pay and the allowances for subsistence and travelling to be paid to apprentices; and the maximum hours of work for apprentices. However, the Government’s report still contains no information with regard to the system of vocational training. The Committee once again requests the Government to provide information on the system of vocational training and technical education, specifying the conditions prescribed by the competent authority.

Article 7, paragraph 3. Determination of light work. Further to its previous comments, the Committee notes with interest that section 33 of the Child Care and Protection Act (CCPA) states that no person shall employ a child under the age of 13 years for the performance of any work. It also notes that subsections (1) and (2) of section 34 of the CCPA impose a prohibition on the employment of a child between 13 and 15 years of age in the performance of any work, with the exception of an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such child may be so employed. The Committee notes the Government’s statement that a draft list of occupations constituting light work pursuant to section 34 of the CCPA is being reviewed by a panel consisting of safety inspectors, workers’ and employers’ representatives. The Committee requests the Government to provide a copy of the list of the prescribed occupations constituting light work pursuant to section 34(2) of the CCPA once it has been reviewed and adopted.

Article 9, paragraph 1. Penalties. The Committee previously noted that the CCPA (section 39), the Factories Act (section 22) and the Education Act (section 21(5)) impose penalties or fines or imprisonment in case of violations of the provisions regarding child labour (minimum age, light work, hazardous work) and compulsory education. The Committee requested the Government to provide information on the effective manner in which these provisions are enforced and penalties applied and to provide a copy of the new OSH Act as soon as it is approved. The Committee notes in the Government’s report that the Office of the Children’s Registry, operating under the CCPA, has been functional for some time and has been receiving complaints of abuse against children. The Committee also notes in the Government’s report that the penalties under the OSH Act have been reviewed and that fines ranging from $250,000 to $1,000,000 can now be imposed; a person can also be imprisoned for a period not exceeding three months if in default of such a fine. The Committee requests the Government to indicate which of the provisions of the new Occupational Health and Safety Act regulate sanctions for violations of the provisions of the Convention and to provide a copy of it as soon as it has been adopted.

Article 9, paragraph 3. Keeping of registers. In its previous comments, the Committee noted that the available texts of legislation have no provisions requiring the employer to keep registers and documents of persons employed or working under him/her. The Committee notes in the Government’s report that labour inspectors are required to examine all the records of employers, including service records, which contain biographic information. In situations where the labour inspector is in doubt about someone’s age, a request can be made for the person’s birth certificate to be produced. The Committee notes that labour inspectors have been sensitized to this fact. It also notes the Government’s statement that the legal framework is being perused by the ministry. The Committee reminds the Government that legislative provisions shall prescribe the registers 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. The Committee trusts that the new legislative provisions prescribing registers to be kept and made available by employers are in conformity with Article 9, paragraph 3, and requests the Government to provide a copy thereof as soon as they have been adopted.

Part III of the report form. Child labour inspections. In its previous comments, the Committee noted that the OHS Act will replace the Factories Act providing an improved framework for labour inspectors with the scope of monitoring and taking legal action against incidents of child labour in sections where they hitherto had limited powers, including the informal sector. It also requested the Government to provide further information on the functioning of the labour inspectorate. The Committee notes in its report, that the Government recommends that labour inspectors amend the current inspection forms to include a section that addresses child labour issues and that discussions have been initiated with the review committee through the Industrial Safety Division for such provisions to be included in the new OSH Act. However, the new OSH Act is yet to be promulgated and therefore the inspections are still being made under the Factories Act. The Committee requests the Government to provide further information on the inspections carried out in relation to child labour issues pursuant to the relevant provisions of its national legislation as well as violations detected. It also repeats its request to the Government to provide information on the inspections made under the new Occupational Health and Safety Act, especially with regard to inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the National Poverty Eradication Programme Report – a national feedback seminar on the national survey on child labour – working children were found in the distributive trade and service industries and that 26.6 per cent worked in agriculture, forestry and fishing.

The Committee notes that according to the UNICEF report The State of the World’s Children 2008, 7 per cent of boys and 5 per cent of girls between the ages of 5 and 14 years worked in the years 1999–2006. The Committee notes in the Government’s report that discussions are continuing to determine how the child labour statistics will be incorporated into the Ministry’s Labour Market Information System. It is envisioned that they will become a part of the annual report prepared by the Planning, Research and Monitoring Unit of the Ministry of Labour and Social Security. The Committee repeats its request to 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 violations detected involving children and young persons.

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

The Committee notes the Government’s report. It requests it to provide further information on the following points.

Article 3, paragraph 1, of the Convention. Minimum age for admission to hazardous work. In its previous comments, the Committee noted that section 34(3) of the Child Care and Protection Act (CCPA) states that: “no person shall employ a child: (a) in the performance of any work that is likely to be hazardous or to interfere with the child’s education or to be harmful to the child’s health or physical, mental, spiritual, or social development; or (b) in night work or an industrial undertaking”. The Committee noted that no definition of “child” is contained in the available text. Recalling Article 3, paragraph 1, of the Convention, which specifies that the minimum age for admission to hazardous work is 18 years, it requested the Government to provide the definition of a “child” under the CCPA. The Committee notes the Government’s information that, under the final CCPA, a child is any person under the age of 18 years. The Committee takes due note of this information.

Article 3, paragraph 2. Determination of hazardous work. The Committee previously noted that the CCPA (sections 39 and 40), the Dock’s (Safety, Health and Welfare) Regulations of 1968 (section 55), the Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968 (section 49(2)), and the Shipping Act (section 127(4)) include specific provisions prohibiting the employment of children in a few specific hazardous types of work. The Committee recalled Article 3, paragraph 2, of the Convention, which stipulates that 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. It requested the Government to provide information regarding progress made towards the adoption of 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. The Committee notes the Government’s information that a preliminary list of occupations that children are prohibited from engaging in has been compiled, and that it will be subjected to editing by a small panel of experts from the Occupational Safety and Health, Legal and Child Labour Units before steps are taken to institutionalize the list, in accordance with the Act. The Committee requests the Government to provide a copy of this list, as well as to provide information on the consultations held with 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. In its previous comments, the Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalled that, under Article 4, paragraph 2, each Member which ratifies the Convention 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. The Committee once again takes note of the Government’s statement that the necessary discussions are to be initiated at the level of the Labour Advisory Council, and requests the Government to provide information on the results of the discussions as soon as they have been adopted.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted that section 49(2) of the Building Operation and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968, prohibits the employment of persons under the age of 18 to give signals to the operator of any lifting appliance driven by mechanical power or to operate any such appliance except under the direct supervision of a competent person for the purpose of training. It further noted that, by virtue of section 130 of the Shipping Act, 1999, the Minister may make regulations providing for “apprenticeship to sea service”. The Committee noted that, under these provisions, it is not clear what is the minimum age for apprenticeship. It reminded the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee notes once again that the Government’s report contains no information on the system of vocational training and apprenticeship. It once again asks the Government to provide information on the minimum age for apprenticeship, including in the maritime sector, and on the conditions governing work done by apprentices. Furthermore, the Committee requests the Government to provide information on the system of vocational training and technical education, specifying the conditions prescribed by the competent authority.

Article 7. Light work. The Committee notes that section 33(2) of the final version of the CCPA stipulates that no person under the age of 15 shall be eligible for employment, with the exception of light work in family undertakings. However, the Government does not determine a minimum age requirement for such work. The Committee reminds the Government that, under the terms of Article 7, paragraph 1, of the Convention, national laws and regulations may permit the employment of persons between 13 and 15 years of age in light work on condition that this work is not likely to be harmful to their health and development and that is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes adopted by the competent authority, or their capacity to benefit from the instruction received. The Committee notes that the Government is currently discussing the exclusions of categories of employment from the application of the Convention, as provided under Article 4, paragraph 1, of the Convention. The Committee requests the Government to provide information on whether family undertakings will be determined as a category of exclusion. If no such exclusion is determined, the Committee requests the Government to provide information on measures taken or envisaged to bring the relevant legislation into conformity with Article 7 of the Convention, including information on the types of employment constituting light work, as well as the hours and conditions governing such employment.

Article 9, paragraph 1. Penalties. The Committee previously noted that the CCPA (section 39), the Factories Act (section 22) and the Education Act (section 21(5)) impose penalties or fines or imprisonment in case of violations of the provisions regarding child labour (minimum age, light work, hazardous work) and compulsory education. Noting the absence of information from the Government on this point, the Committee requests it to provide information on the effective manner in which these provisions are enforced and penalties applied. The Committee also notes the Government’s information that this provision of the Convention is to be covered under the new Occupational Health and Safety Act, where labour inspectors will be authorized to enforce the appropriate sanctions in case of a breach being committed. It asks the Government to provide information on the penalties applied under the new Occupational Health and Safety Act and to provide a copy of this text as soon as it has been approved.

Article 9, paragraph 3. Keeping of registers. The Committee notes once again that the available texts of legislation have no provisions requiring the employer to keep registers and documents of persons employed or working under him/her. The Committee once again 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.

Part III of the report form. Implementation of the Convention. In its previous comments, the Committee noted that section 23 of the Education Act enables the Attendance Officers to make inspections in order to verify whether section 21 (compulsory education) and section 22 (school attendance orders) are being complied with. The Committee also noted the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/8/Add.12, paragraphs 17, 69 and 70) that monitoring attendance was unsuccessful because penalties were never enforced. The Committee noted that, by virtue of section 3 of the Labour Officers (Powers) Act of 1943, a labour officer may, at all reasonable times, enter any premises for the purpose of carrying out any inspection in order to ensure the proper observance of any enactment. It also noted the information contained in the ILO/IPEC project report of 2004 that the Occupational Health and Safety Act will replace the Factories Act providing an improved framework for labour inspectors with the scope of monitoring and taking legal action against incidents of child labour in sections where they hitherto had limited powers, including the informal sector. The Committee once again requests the Government to provide further information on the functioning of the labour inspectorate and on any other mechanism established under the relevant legislation. It also repeats its request to the Government to provide information on the inspections made under the new Occupational Health and Safety Act, especially with regard to inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the National Poverty Eradication Programme Report – a national feedback seminar on the national survey on child labour – working children were found in the distributive trade and service industries and that 26.6 per cent worked in agriculture, forestry and fishing. The Committee repeats its request to 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 violations detected involving children and young persons.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report. It notes with interest that the Government enacted the Child Care and Protection Act in March 2004. The Committee requests the Government to provide further information on the following points.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee notes that, at the time of ratifying the Convention, Jamaica declared 15 years as the minimum age for admission to employment or work within its territory and on means of transport registered in its territory. The Committee also notes the Government’s information that section 33 of the Child Care and Protection Act of 2004, hereinafter CCPA, prohibits the employment of children under 13 years and section 34 provides that no person shall employ a child who has attained the age of 13 years but is still under 15 years of age in the performance of any work other than light work as considered appropriate by the Minister of Labour. The Committee requests the Government to provide an integral copy of the CCPA.

Article 2, paragraph 3. Compulsory education. The Committee notes that, according to section 20 of the Education Act of 1965, as amended in 1980, the Minister may by order declare: (a) any area within a radius of three miles from any school specified in such order to be a compulsory education area; and (b) the compulsory school age in relation to such compulsory education area. In addition, section 21 provides that it shall be the duty of the parent of every child of compulsory school age residing in a compulsory education area to cause him to receive full time education suitable to his age and ability. The Committee notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/8/Add.12; paragraph 17), the minimum school leaving age declared by the Minister under the Education Act is 14 years. It also notes that, according to the abovementioned report, it is difficult to implement compulsory education, due to the inefficiency of the enforcement system. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention, is fulfilled since the minimum age for employment (15 years for Jamaica) is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and 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 compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (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). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under paragraph 4 of Recommendation No. 146. In this regard, the Committee hopes that the Government will indicate any new developments on this point.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that section 34(3) of the CCPA states that: "no person shall employ a child: (a) in the performance of any work that is likely to be hazardous or to interfere with the child’s education or to be harmful to the child’s health or physical, mental, spiritual or social development; or (b) in night work or an industrial undertaking". The Committee notes that no definition of "child" is contained in the available text. In this regard, the Committee recalls that, by virtue of Article 3, paragraph 1, the minimum age for admission to any type of 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 asks the Government to provide the definition of a "child" under the CCPA.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that the CCPA (sections 39 and 40), the Dock’s (Safety, Health and Welfare) Regulations of 1968 (section 55), the Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968 (section 49(2)), and the Shipping Act (section 127(4)) include specific provisions prohibiting the employment of children in a few specific hazardous types of work. However, it 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 people below 18 years of age. Therefore, 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 organization of employers and workers concerned. The Committee therefore requests the Government to provide information regarding progress made towards the adoption of 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. The Committee also requests the Government to provide a copy of this list, once it has been approved and to provide information on the consultations held with 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. The Committee takes note of the Government’s statement that the relevant discussion are to be initiated at the level of the Labour Advisory Council. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalls that, under Article 4, paragraph 2, each Member which ratifies the Convention 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. The Committee requests the Government to provide information on the results of the discussions within the Labour Advisory Council as soon as they have been adopted.

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. However, it notes that section 38 of the CCPA states that sections 33 (minimum age) and 34 (light work) do not apply to "the performance of work by any child … (b) as part of that child’s instruction in any school, if such labour or work is not likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual or social development". The Committee notes that section 49(2) of the Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968, prohibits the employment of persons under the age of 18 to give signals to the operator of any lifting appliance driven by mechanical power or to operate any such appliance, except under the direct supervision of a competent person for the purpose of training. It further notes that, by virtue of section 130 of the Shipping Act, 1999, the Minister may make regulations providing for "apprenticeship to sea service". The Committee notes that, under these provisions it is not clear what is the minimum age for apprenticeship. The Committee reminds the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee asks the Government to provide information on the minimum age for apprenticeship, including in the maritime sector, and on the conditions governing work done by apprentices. Furthermore, the Committee requests the Government to provide information on the system of vocational training and technical education, specifying the conditions prescribed by the competent authority.

Article 7. Light work. The Committee notes that section 34(1) of the CCPA provides that no person shall employ a child who has attained the age of 13 years but is still under 15 years of age in the performance of any work other than in an occupation included in the list referred to in section 34(2). Section 34(2) states that, for the purposes of section 34(1), the Minister shall maintain a list of prescribed occupations: (a) consisting of such light work as the Minister responsible for Labour considers appropriate for the employment of any children of the age referred to in section 34(1); (b) specifying the number of hours during which and the conditions under which such children may be so employed. The Committee reminds the Government that, under the terms of Article 7, paragraph 1, of the Convention, national laws and regulations may permit the employment of persons between 13 and 15 years of age on light work on condition that this work is not likely to be harmful to their health and development and that is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes adopted by the competent authority, or their capacity to benefit from the instruction received. The Committee requests the Government to provide a copy of the list of the prescribed occupations constituting light work pursuant to subsection (2) of section 34 of the CCPA.

Article 8. Artistic performances. The Committee notes the Government’s statement that this provision has not been utilized. However, it notes that, according to section 35 of the CCPA, the Minister of Labour may, on the advice of the Council, issue a permit to a child in order to enable that child to be employed for the purpose of participating in artistic performances and such permit shall specify the number of hours during which, and the conditions under which, the child may be so employed. The Committee requests the Government to provide information on all legislative provisions, including regulations, concerning the granting by the Minister of individual permits for the participation of children below the general minimum age in artistic performances, and conditions and control linked to such permits.

Article 9, paragraph 1. Penalties. The Committee notes the Government’s information that this provision is to be covered under the new Occupational Health and Safety Act, where labour inspectors will be authorized to enforce the appropriate sanctions in case of a breach being committed. The Committee also notes that the CCPA (section 39), the Factories Act (section 22), and the Education Act (section 21(5)) impose penalties of fines or imprisonment in case of violations of the provisions regarding child labour (minimum age, light work, hazardous work) and compulsory education. The Committee requests the Government to provide information on the effective manner in which these provisions are enforced and the penalties applied. It also asks the Government to provide information on the penalties applied under the new Occupational Health and Safety Act and to provide a copy of this text as soon as it has been approved.

Article 9, paragraph 3. Keeping of registers. The Committee notes that the available texts of legislation have no provisions requiring the employer to keep registers and documents of persons employed or working under him/her. 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.

Part III of the report form. The Committee notes that section 23 of the Education Act enables the Attendance Officers to make inspections in order to verify whether section 21 (compulsory education) and section 22 (school attendance orders) are being complied with. The Committee also notes the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/8/Add.12; paragraphs 17, 69, 70) that monitoring attendance was unsuccessful because penalties were never enforced. The Committee notes that, by virtue of section 3 of the Labour Officers (Powers) Act of 1943, a Labour Officer may at all reasonable times enter upon any premises for the purpose of carrying out any inspection in order to ensure the proper observance of any enactment. It also notes the information contained in the ILO/IPEC Project Report of 2004 that the OSH will replace the Factories Act providing an improved framework for the Labour Inspectors with the scope of monitoring and taking legal action against incidents of child labour in sections where they hitherto had limited powers, including the informal sector. The Committee requests the Government to provide further information on the functioning of the labour inspectorate and on any other mechanism established under the relevant legislation. It also asks the Government to provide information on the inspections made under the new Occupational Health and Safety Act, especially with regard to inspections in the informal sector.

Part V of the report form. The Committee notes that, according to the National Poverty Eradication Programme Report - a National Feedback Seminar on the national survey on child labour - working children were found in the distributive trade and service industries and a significant percentage of 26.6 per cent worked in agriculture, forestry and fishing. It 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 violations detected involving children and young persons.