Minimum Age Convention, 1973 (No. 138) - Trinidad and Tobago (Ratification: 2004)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 1 of the Convention. National policy. The Committee notes the Government’s reference in its report, in response to its previous request, to the elaboration of a draft National Child Policy, which was subject to public consultation in June and July 2019. The Committee further notes the Government’s information in its supplementary report according to which following consultation, the 2018-28 National Child Policy was approved. In addition, the implementation Policy is in the process of being approved. The Committee welcomes that the 2018–28 National Child Policy, available on the website of the Gender and Child Affairs Division of the Office of the Prime Minister, addresses a wide range of issues concerning the prevention and elimination of child labour and the involvement of children in hazardous work, and provides for a specific outcome in this respect (Outcome 3, entitled “Children are Protected”).

The Committee also welcomes the Government’s indication that a National Steering Committee for the Prevention and Elimination of Child Labour was appointed in February 2019 (for a period of three years) and has been mandated to oversee the implementation of critical activities associated with the prevention and elimination of child labour. That Committee is, among many other functions, tasked with the development of the national policy on the elimination of child labour, and the identification of gaps or weaknesses in laws, polices, programmes and institutions in addressing child labour and making relevant recommendations. The Committee requests the Government to provide information on the implementation of the National Child Policy 2018–28 and the results achieved in terms of eliminating child labour. Moreover, it requests the Government to provide information on the activities of the National Steering Committee for the Prevention and Elimination of Child Labour.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. With regard to the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Labour inspection and application of the Convention in practice. In its previous comments, the Committee noted that labour inspectors continued to monitor child labour and the employment of young people, but that in 2015, no reports of child labour had been received, and no instances of child labour had been discovered during inspections.

Following its reiterated requests for measures to ensure the availability of data on the situation of child labour, the Committee notes the Government’s indication that Outcome 3 of the 2018–28 National Child Labour Policy provides, among other things: (i) for strategies to assess the prevalence of child labour; and (ii) the National Steering Committee for the Prevention and Elimination of Child Labour is mandated, among other things, to conduct research to better understand the situation of child labour in the country, and to strengthening the unit at the labour inspectorate responsible for monitoring child labour. In this respect, the Committee also recalls its direct request published in 2019 under the Labour Inspection Convention, 1947 (No. 81) in which it noted with concern that the number of labour inspection visits had declined from 1,177 in 2010–11 to 612 in 2014–15.  The Committee requests the Government to provide information on the implementation of the above-mentioned measures as well as any other measures to ensure that sufficient data on the situation of working children in Trinidad and Tobago is made available (such as information on the number of children working below the minimum age, and the nature, scope and trends of their work). In this respect, it also requests the Government to provide information on any measures taken to strengthen the capacity of the labour inspectorate and to provide information on the activities undertaken by the labour inspectorate in the area of child labour including the number of labour inspections carried out, the number and nature of cases detected and any follow-up measures taken.

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

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that a National Strategic Plan for Child Development was adopted which identifies five key national priorities, including securing a nurturing environment for all children and protecting them from all forms of abuse, discrimination and exploitation.

The Committee notes the information in the Government’s report that it remains committed to the prevention and elimination of child labour. In 2014, it joined the Regional Initiative – Latin America and the Caribbean Free of Child Labour which is a commitment among countries in the region to accelerate the pace of prevention and elimination of child labour. Under the framework of the Regional Initiative, Trinidad and Tobago is currently benefiting from support from the ILO and the Government of Brazil in the area of enhancing the school-to-work transition for the elimination of child labour.

The Committee also notes the Government’s indication that the National Strategic Plan for Child Development forms an integral part of the child protection framework in Trinidad and Tobago, and is overseen by the Gender and Child Affairs Division of the Office of the Prime Minister (OPM). To date, and in keeping with this Plan, the Government has undertaken to develop a National Child Policy which aims to deal with a myriad of issues faced by children and those charged with protecting their interests. In the development of the National Child Policy, the issues of the prevention and elimination of child labour are expected to be addressed and approached in a manner that includes all stakeholders. In this regard, the Gender and Child Affairs Division of the OPM has engaged with the public on this matter, with the support of the Ministry of Labour and Small Enterprise Development (MLSED) and in conjunction with the ILO Decent Work Team and Office for the Caribbean. The Committee encourages the Government to pursue its efforts to finalize the National Child Policy and to provide a copy of this policy, once completed. The Committee also requests that the Government provide information on the implementation of the National Strategic Plan for Child Development and results achieved in terms of eliminating child labour.

Labour inspectorate and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that labour inspectors continue to monitor child labour and the employment of young people through inspection visits. Furthermore, the Labour Inspectorate Unit of the MLSED has developed a brochure highlighting the issue of child labour and the employment of young people which has been distributed to stakeholders through a public awareness campaign. In 2015, the MLSED did not receive any reports of child labour during this period. In addition, labour inspectors found no instances of child labour during their inspections. It is envisioned that participation in the activities of the Regional Initiative – Latin America and the Caribbean Free of Child Labour would be able to provide updated preliminary information on the situation of children in employment in Trinidad and Tobago. The Committee encourages the Government to take measures to ensure that sufficient data on the situation of working children in Trinidad and Tobago is made available, such as information on the number of children working below the minimum age, and the nature, scope and trends of their work. It requests that the Government provide this information when it becomes available.

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

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee previously noted that, pursuant to section 76(1) of the Education Act of 1966, compulsory schooling took place between the ages of 6 and 12 years. The Committee emphasized the desirability of linking the age of completion of compulsory schooling to the age of admission to employment (16 years). The Committee noted the Government’s statement that the draft of the Children’s Bill included amendments to the Education Act. In this regard, the Committee noted that the draft Children’s Bill sought to amend section 76(1) of the Education Act to define the period of compulsory schooling as between the ages of 5 and 16 years. The Committee also noted the Government’s indication that the Children’s Act, 2012, including this amendment, would only become effective once proclaimed on the date fixed by the President, in accordance with section 1(2) of the Act.

The Committee notes with satisfaction that Schedule 3 of the Children’s Act, 2012, which was proclaimed on 15 May 2015, has amended section 76(1) of the Education Act so as to raise the age of completion of compulsory education to 16, in line with the age of admission to employment or work. The Committee requests that the Government provide information on the application in practice of section 76(1) of the Education Act, including updated statistics on school enrolment rates and drop-out rates of children below the age of 16 years.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. With regard to the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that the Ministry of Labour and Small and Micro-Enterprise Development proposed to undertake a programme for the prevention and elimination of child labour. The Government indicated that the first phase of this programme would involve the re-establishment of the National Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago (NCPECL) and the finalization of the draft policy and plan of action on the prevention and the elimination of child labour.

The Committee notes the Government’s information that a National Strategic Plan for Child Development 2012–16 was adopted which identifies five key national priorities, including securing a nurturing environment for all children and protecting them from all forms of abuse, discrimination and exploitation. However, the Government provides no information on the progress made in adopting a plan of action on child labour and establishing the NCPECL. The Committee urges the Government to pursue its efforts to undertake a programme for the prevention and elimination of child labour and to finalize a policy and plan of action on the prevention and the elimination of child labour. It once again requests the Government to provide a copy of this policy and plan of action, once completed. The Committee also requests the Government to provide information on the National Strategic Plan for Child Development in terms of its impact on the abolition of child labour.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, pursuant to section 76(1) of the Education Act of 1966, the compulsory school age was defined as between the ages of 6 and 12 years. The Committee emphasized the desirability of linking the age of completion of compulsory schooling to the age of admission to employment (16 years). The Committee noted the Government’s statement that the draft of the Children’s Bill included amendments to the Education Act. In this regard, the Committee noted that the draft Children’s Bill sought to amend section 76(1) of the Education Act to define the compulsory schooling age as between the ages of 5 and 16 years.

The Committee notes with interest that Schedule 3 of the Children Act, 2012, provides that section 76(1) of the Education Act will be amended so as to raise the age of completion of compulsory education to 16, in line with the age of admission to employment or work. The Committee also notes the Government’s indication that the Children Act, 2012, including this amendment, will only become effective once it is proclaimed on the date fixed by the President, in accordance with section 1(2) of the Act. The Committee therefore requests the Government to take the necessary measures to ensure that the Children Act, 2012, is proclaimed in the near future. It requests the Government to provide information on the progress made in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted the Government’s statement that work had begun to create a list of hazardous occupations. It also noted the Government’s statement that a governmental delegation attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. It noted that the report of this delegation contained recommendations to assist in the development of a list of occupations deemed hazardous.

The Committee notes that the Government provides no information on this point in its report. Noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee once again urges the Government to take the necessary measures to ensure the adoption of this list in the very near future. It requests the Government to provide a copy of this list once it has been adopted.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the information in the report of the International Trade Union Confederation (ITUC) to the World Trade Organization General Council on the Trade Policies of Trinidad and Tobago of 7 and 9 March 2012, entitled “Internationally recognized core labour standards in Trinidad and Tobago” (ITUC report), that there were 6,000 registered working children in the country. This report also indicated that illegal child labour occurred mainly in the agricultural sector. The Committee therefore requested the Government to provide information on the measures taken or envisaged to combat child labour in the agricultural sector, and on the results achieved.

The Committee notes the Government’s indication that no comprehensive survey was undertaken on the number of child labourers in Trinidad and Tobago. The Committee encourages the Government to take measures to ensure that sufficient data on the situation of working children in Trinidad and Tobago is made available, such as information on the number of children working below the minimum age, and the nature, scope and trends of their work. It requests the Government to provide this information when it becomes available.

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

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the Government’s indication that a draft national policy on child labour had been developed, and that a plan of action would subsequently be elaborated.

The Committee notes the information in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Ministry of Labour and Small and Micro Enterprise Development (MLSMED) proposes to undertake a programme for the prevention and elimination of child labour. The Government indicates in this report that the first phase of this programme will involve the re-establishment of the National Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago and the finalization of the draft policy and plan of action on the prevention and the elimination of child labour. The Committee encourages the Government to pursue its efforts to undertake a programme for the prevention and elimination of child labour and to finalize a policy and plan of action on the prevention and the elimination of child labour. It requests the Government to provide a copy of the policy and plan of action on the prevention and the elimination of child labour, once completed.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, pursuant to section 76(1) of the Education Act of 1966, the compulsory school age is defined as between the ages of 6 and 12 years. The Committee emphasized the desirability of linking the age of completion of compulsory schooling to the age of admission to employment (16 years). In this regard, the Committee noted the Government’s statement that action was ongoing to raise the age of compulsory schooling to 16 years and that the Ministry of Education was preparing a policy document to support this position.

The Committee notes the Government’s statement that the current draft of the Children’s Bill includes amendments to the Education Act. In this regard, the Committee notes that the draft Children’s Bill seeks to amend section 76(1) of the Education Act to define the compulsory schooling age as between the ages of 5 and 16. In this regard, the Committee notes that the International Trade Union Confederation (ITUC), in a report for the World Trade Organization General Council on the Trade Policies of Trinidad and Tobago of 7 and 9 March 2012 entitled “Internationally recognized core labour standards in Trinidad and Tobago” (ITUC report), indicates that the current age of completion of compulsory education renders children between 12 and 16 vulnerable to child labour, as they are free to stop education but may not to be admitted to legal work. The Committee therefore urges the Government to take the necessary measures to ensure the adoption of the Children’s Bill, to raise the age of completion of compulsory schooling to 16 years, in line with the minimum age for admission to work. It requests the Government to provide a copy of the Children’s Bill, once adopted.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that a National Seminar on Hazardous Occupations and Children was held in 2004 and that the Factory Inspectorate Unit of the MLSMED was developing a list of occupations deemed hazardous to children based on recommendations from this seminar.

The Committee notes the Government’s statement that work has begun to create a list of types of hazardous work. The Government indicates that a delegation 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 Government indicates that the report of the Government’s delegation to this workshop should contain recommendations to assist in the development of a list of occupations deemed hazardous. Noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee urges the Government to take the necessary measures to ensure the adoption of this list in the very near future. It requests the Government to provide a copy of this list once it has been adopted.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that, according to section 91(1) of the Children Act of 1925, as amended by Act No. 3 of 2007, children under 16 years of age may be employed in an undertaking in which only members of their family are employed. It noted the Government’s statement that section 91 of the Children Act was intended to invoke the exclusion in Article 4(1) of the Convention. The Government indicated that the reason for this exclusion is a belief that families will take care of their children, and that such work is positive to a child’s emotional, physical and mental growth, given that it does not affect their health and development or interfere with their education. The Committee requested the Government to provide information on the position of its law and practice in respect of children employed in undertakings in which only members of their families are employed.

The Committee notes the statement in the Government’s report that in practice, the labour inspectorate stringently enforces the provision that children under the age of 16 may only work in family enterprises. The Government states that labour inspectors check to ensure that enterprises where children under the minimum age are engaged in work are indeed family enterprises.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that, following the recommendations from the 2011 ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries, a youth activity survey is envisaged during 2012 and 2013. The Committee also notes the Government’s statement that 331 child workers under the age of 15 years of age were detected through the Central Statistical Office’s Continuous Sample Survey of the Population of 2009. The Government indicates that 66 per cent of such child workers were employed as craft and related workers, while the remaining 23 per cent of children were found to be working in the construction and service industries.

The Committee notes the information in the ITUC report of 2012 that there are 6,000 registered working children in the country. This report also indicates that illegal child labour occurs mainly in the agricultural sector. The Committee therefore requests the Government to provide information on the measures taken or envisaged to combat child labour in the agricultural sector, and on the results achieved. The Committee also requests the Government to provide information from the youth activity survey, once completed. It also requests the Government to continue to provide information on the application of the Convention in practice, such as statistical data on the employment of children and young persons (including those under the minimum age of 16), particularly with regard to children engaged in crafts and related types of work.

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

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:

Repetition

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the establishment of the National Steering Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago (NSC), a body responsible for the coordination of national efforts addressing the problem of child labour. The NSC was tasked with the development of the National Policy and Plan of Action Against Child Labour (NPPA). The Committee requested the Government to provide a copy of the NPPA, in addition to information on the national policy measures taken.

The Committee notes the information in the Government’s report that a draft national policy has been developed. This policy will be finalized, and the Plan of Action will be developed, based on the findings of the Youth Activity Survey. The Committee also notes that, in 2007, the ILO Subregional Office for the Caribbean commissioned a study on the review of child labour laws in Trinidad and Tobago, within the context of ILO Conventions Nos 138 and 182. The Government indicates that the recommendations from this study provide a guide for legislative reform, which is ongoing. The Committee encourages the Government to continue its efforts to develop the National Policy and Plan of Action Against Child Labour, and requests the Government to provide a copy of it when it is completed. It also requests the Government to provide information on the ongoing reform concerning legislation related to child labour.

Article 2(2). Minimum age for admission to employment. The Committee previously requested the Government to indicate whether or not the Factories Ordinance of 1948 (Factories Ordinance) is still in force. The Committee notes the Government’s statement that the Factories Ordinance was repealed by the Occupational Safety and Health Act (OSHA) of 2004. The Committee further notes that section 4(1) of the OSHA, as amended by the Occupational Safety and Health (Amendment) Act (Act No. 3 of 2006) defines a young person as a person between the ages of 16 and 18 years.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, pursuant to section 76(1) of the Education Act of 1966, the compulsory school age is defined as between the ages of 6 and 12 years. The Committee indicated that it considered the requirement set out in Article 2(3) of the Convention to be fulfilled since the minimum age for employment (16 years) is not less than the age of completion of compulsory schooling (12 years). However, the Committee expressed the view that compulsory education is one of the most effective means of combating child labour and emphasized the necessity of linking the age of admission to employment to the age limit for compulsory education. The Committee expressed the hope that the age of compulsory schooling would be raised from 12 to 16 years, and requested the Government to indicate any legislative developments in this regard.

The Committee notes the Government’s statement that action is ongoing to raise the age of compulsory schooling to 16 years. The Government indicates that the Ministry of Education is preparing a policy document in support of bringing the age of compulsory schooling in line with the minimum age for admission to employment of 16 years. The Committee urges the Government to pursue its efforts to raise the age of compulsory education up to the minimum age of employment (age 16), and requests the Government to provide information on developments in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that a National Seminar on Hazardous Occupations and Children was held in 2004, with participation from employers’ and workers’ organizations. The Committee noted that the Factory Inspectorate Unit of the Ministry of Labour and Small and Micro Enterprise Development (MOLMED) was developing a list of occupations deemed hazardous to children based on recommendations from this seminar.

The Committee notes the Government’s statement that a list of occupations deemed hazardous to children will be submitted when it is adopted. Noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee urges the Government to take the necessary measures to ensure the adoption of this list in the very near future. It requests the Government to provide a copy of this list once it has been adopted.

Article 3(3). Admission of young persons to types of hazardous work from the age of 16 years. The Committee previously noted that young persons between 16 and 18 years of age are permitted to work in some types of hazardous work under certain conditions, such as working on dangerous machines (pursuant to section 22 of the OSHA), and night work in certain types of industries, such as work in the manufacture of raw sugar, or other undertaking specified by Order of the President (pursuant to section 90(2) of the Children Act). It also noted that section 22 of the OSHA only permits young persons between 16 and 18 years to work on dangerous machines if they have been fully instructed as to the dangers arising in connection with the machine’s operation and the precautions to be observed, and if they have received sufficient training to work on the machine, or if they are under adequate supervision by a person who has special knowledge and experience in the operation of the machine. The Committee requested the Government to take the necessary measures to fully ensure the health and safety of young persons between 16 and 18 years of age engaged in these types of hazardous work.

The Committee notes that section 53 of the OSHA prohibits the employment of persons between the ages of 16 and 18 in industrial establishments for more than three months unless certain conditions are met, including the issuance of a certificate of physical fitness. The Committee also notes that section 54 of the OSHA prohibits employing young persons for more than eight hours a day or 48 hours a week and provides for a mandatory 12-hour break between shifts. It also prohibits employing young persons between the hours of 10 p.m. and 7 a.m. (except as specified in section 90(2) of the Children Act). The Committee further notes that section 121E of the forthcoming Children Bill (introduced in Parliament in January 2010) will amend this section of the OSHA to prohibit all night work for young persons, and that section 123 of the Children Bill repeals the Children Act. Lastly, the Committee notes the Government’s statement that these sections of the OSHA are enforced by the Occupational Safety and Health Inspectors of the Occupational Safety and Health Agency. The Committee requests the Government to provide information on progress towards the adoption of the Children Bill, and to provide a copy of it once adopted.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that, according to section 91(1) of the Children Act of 1925, as amended by Act No. 3 of 2007, children under 16 years of age may be employed in an undertaking in which only members of their family are employed. The Committee reminded the Government that Article 4(1) of the Convention allows the competent authority to not apply the Convention to limited categories of employment, due to special and substantial problems which would arise as a result of such application. It recalled that, pursuant to Article 4 of the Convention, if a Member which ratifies the Convention decides not to apply it to certain categories of employment, it must give the reasons for such exclusion.

The Committee notes the Government’s statement that section 91 of the Children Act is intended to invoke the exclusion in Article 4(1) of the Convention. The Committee notes the Government’s statement that the reason for this exclusion is a belief that families will take care of their children, and that such work is positive to a child’s emotional, physical and mental growth, given that it does not affect their health and development or interfere with their education. The Committee recalls that, by virtue of Article 4(2) of the Convention, a government which has excluded limited categories of employment or work from the application of the Convention must state in subsequent reports the position of its law and practice in respect of such categories. Consequently, the Committee requests the Government to state, in its next report, the position of its law and practice in respect of children employed in undertakings in which only members of their families are employed.

Article 7. Light work. The Committee previously requested the Government to indicate if section 6 of the Recruiting of Workers Regulations was amended by the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act No. 3 of 2007 so as to raise the minimum age from 14 to 16 years. The Committee notes the Government’s statement that the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act No. 3 of 2007 does in fact amend section 6 of the Recruiting Act, raising the minimum age to 16 years of age. However, the Committee notes the information in the Multiple Indicator Cluster Survey 2 (of 2000) that 4.4 per cent of 13 year olds and 6.9 per cent of 14 years olds in Trinidad and Tobago are engaged in economic activity. The Committee therefore draws the Government’s attention to Article 7(1) of the Convention which provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in 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 is 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 therefore encourages the Government to consider taking measures, in conformity with Article 7 of the Convention, to regulate light work activities for children between the ages of 13 and 16 years, and to determine the number of hours during which, and the conditions in which, such light work may be undertaken. It requests the Government to provide information on any developments in this regard.

Article 8. Artistic performances. The Committee previously drew the Government’s attention to Article 8 of the Convention which states that the competent authority may, by permits granted in individual cases (limiting the number of hours during which, and prescribing the conditions under which, such work may occur), allow exceptions to the prohibition of employment under the general minimum age, for the purpose of participating in artistic performances. It requested the Government to indicate if in practice children under the minimum of age participated in such activities.

The Committee notes the Government’s statement that there are no existing legislative provisions to govern artistic performances by children in Trinidad and Tobago. The Committee also notes the Government’s statement that children at both the primary and secondary school age are permitted to participate in artistic performances, both in local and national cultural events, as well as in competitions. The Government indicates that these activities include children’s participation in Phagwah and Divali celebrations organized in some schools and communities, and activities during the Carnival such as the Junior Calypso Competition. The Committee notes the Government’s statement that this participation is based on parental consent and is not considered to constitute work, as it contributes to a child’s cultural education and development.

Part III of the report form. Labour inspectorate. The Committee previously requested the Government to provide information on the activities carried out by the labour inspectorate with regard to the employment of minors. The Committee notes the Government’s statement that, to date, the Labour Inspectorate Unit within MOLMED has not detected any instances involving the employment of minors through its regular inspection activities. The Committee also notes the information the Government’s report submitted under Convention No. 182 that the Labour Inspectorate Unit received guidelines from the MOLMED intended to clearly outline its functions and role under the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act No. 3 of 2007. The Committee further notes the information submitted in the Government’s report under Convention No. 81 that labour inspectors have received training arranged by the ILO on child labour issues. The Government also indicates in this report that the Labour Inspectorate Unit is in discussions with the Ministry of Social Development to develop an MOU to facilitate cooperation between the Unit and the newly formed Children’s Authority of Trinidad and Tobago, to better address issues of child labour. Lastly, the Committee notes the Government’s statement that steps are being taken by the MOLMED to develop an Enforcement Policy Strategy to provide for a coordinated approach to address the issue of the employment of minors, in the event that such cases are detected. The Committee requests the Government to provide a copy of the Enforcement Policy Strategy, once it is developed. It also requests the Government to provide information on the development of the MOU between the Labour Inspectorate Unit and the Children’s Authority of Trinidad and Tobago, and the impact of this MOU on the effective application of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the 2002 ILO–IPEC Rapid Assessment Study which indicated that the age range of working children in Trinidad and Tobago was 7–17 years. It also noted that the Committee on the Rights of the Child had expressed concern, in its concluding observations of 17 March 2006, over the lack of an adequate data collection system on the situation of children, including on child labour (CRC/C/TTO/CO/2, paragraph 20). However, the Committee noted that that a national Youth Activity Survey was planned for implementation in 2006, which was expected to provide some of the critical data which was lacking.

The Committee notes the information in the Government’s report that the Central Statistical Office does not currently collect data on the employment of children and young persons. However, the Committee notes the Government’s statement that the Final Report of the Multiple Indicator Cluster Survey 3 (2008) indicated that 0.7 per cent of children in Trinidad and Tobago are involved in child labour. The Committee further notes the Government’s statement that the Youth Activity Survey has yet to be undertaken. Observing that this survey was originally planned for 2006, the Committee requests the Government to take the necessary measures to ensure that the Youth Activity Survey is undertaken in the near future, and to provide a copy of the survey’s results, once it has been realized. It also requests the Government to continue to provide information on the manner in which the Convention is applied, including 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 2010, published 100th ILC session (2011)

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the establishment of the National Steering Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago (NSC), a body responsible for the coordination of national efforts addressing the problem of child labour. The NSC was tasked with the development of the National Policy and Plan of Action Against Child Labour (NPPA). The Committee requested the Government to provide a copy of the NPPA, in addition to information on the national policy measures taken.

The Committee notes the information in the Government’s report that a draft national policy has been developed. This policy will be finalized, and the Plan of Action will be developed, based on the findings of the Youth Activity Survey. The Committee also notes that, in 2007, the ILO Subregional Office for the Caribbean commissioned a study on the review of child labour laws in Trinidad and Tobago, within the context of ILO Conventions Nos 138 and 182. The Government indicates that the recommendations from this study provide a guide for legislative reform, which is ongoing. The Committee encourages the Government to continue its efforts to develop the National Policy and Plan of Action Against Child Labour, and requests the Government to provide a copy of it when it is completed. It also requests the Government to provide information on the ongoing reform concerning legislation related to child labour.

Article 2(2). Minimum age for admission to employment. The Committee previously requested the Government to indicate whether or not the Factories Ordinance of 1948 (Factories Ordinance) is still in force. The Committee notes the Government’s statement that the Factories Ordinance was repealed by the Occupational Safety and Health Act (OSHA) of 2004. The Committee further notes that section 4(1) of the OSHA, as amended by the Occupational Safety and Health (Amendment) Act (Act No. 3 of 2006) defines a young person as a person between the ages of 16 and 18 years.

Article 2(3). Age of compulsory schooling. The Committee previously noted that, pursuant to section 76(1) of the Education Act of 1966, the compulsory school age is defined as between the ages of 6 and 12 years. The Committee indicated that it considered the requirement set out in Article 2(3) of the Convention to be fulfilled since the minimum age for employment (16 years) is not less than the age of completion of compulsory schooling (12 years). However, the Committee expressed the view that compulsory education is one of the most effective means of combating child labour and emphasized the necessity of linking the age of admission to employment to the age limit for compulsory education. The Committee expressed the hope that the age of compulsory schooling would be raised from 12 to 16 years, and requested the Government to indicate any legislative developments in this regard.

The Committee notes the Government’s statement that action is ongoing to raise the age of compulsory schooling to 16 years. The Government indicates that the Ministry of Education is preparing a policy document in support of bringing the age of compulsory schooling in line with the minimum age for admission to employment of 16 years. The Committee urges the Government to pursue its efforts to raise the age of compulsory education up to the minimum age of employment (age 16), and requests the Government to provide information on developments in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that a National Seminar on Hazardous Occupations and Children was held in 2004, with participation from employers’ and workers’ organizations. The Committee noted that the Factory Inspectorate Unit of the Ministry of Labour and Small and Micro Enterprise Development (MOLMED) was developing a list of occupations deemed hazardous to children based on recommendations from this seminar.

The Committee notes the Government’s statement that a list of occupations deemed hazardous to children will be submitted when it is adopted. Noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee urges the Government to take the necessary measures to ensure the adoption of this list in the very near future. It requests the Government to provide a copy of this list once it has been adopted.

Article 3(3). Admission of young persons to types of hazardous work from the age of 16 years. The Committee previously noted that young persons between 16 and 18 years of age are permitted to work in some types of hazardous work under certain conditions, such as working on dangerous machines (pursuant to section 22 of the OSHA), and night work in certain types of industries, such as work in the manufacture of raw sugar, or other undertaking specified by Order of the President (pursuant to section 90(2) of the Children Act). It also noted that section 22 of the OSHA only permits young persons between 16 and 18 years to work on dangerous machines if they have been fully instructed as to the dangers arising in connection with the machine’s operation and the precautions to be observed, and if they have received sufficient training to work on the machine, or if they are under adequate supervision by a person who has special knowledge and experience in the operation of the machine. The Committee requested the Government to take the necessary measures to fully ensure the health and safety of young persons between 16 and 18 years of age engaged in these types of hazardous work.

The Committee notes that section 53 of the OSHA prohibits the employment of persons between the ages of 16 and 18 in industrial establishments for more than three months unless certain conditions are met, including the issuance of a certificate of physical fitness. The Committee also notes that section 54 of the OSHA prohibits employing young persons for more than eight hours a day or 48 hours a week and provides for a mandatory 12-hour break between shifts. It also prohibits employing young persons between the hours of 10 p.m. and 7 a.m. (except as specified in section 90(2) of the Children Act). The Committee further notes that section 121E of the forthcoming Children Bill (introduced in Parliament in January 2010) will amend this section of the OSHA to prohibit all night work for young persons, and that section 123 of the Children Bill repeals the Children Act. Lastly, the Committee notes the Government’s statement that these sections of the OSHA are enforced by the Occupational Safety and Health Inspectors of the Occupational Safety and Health Agency. The Committee requests the Government to provide information on progress towards the adoption of the Children Bill, and to provide a copy of it once adopted.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that, according to section 91(1) of the Children Act of 1925, as amended by Act No. 3 of 2007, children under 16 years of age may be employed in an undertaking in which only members of their family are employed. The Committee reminded the Government that Article 4(1) of the Convention allows the competent authority to not apply the Convention to limited categories of employment, due to special and substantial problems which would arise as a result of such application. It recalled that, pursuant to Article 4 of the Convention, if a Member which ratifies the Convention decides not to apply it to certain categories of employment, it must give the reasons for such exclusion.

The Committee notes the Government’s statement that section 91 of the Children Act is intended to invoke the exclusion in Article 4(1) of the Convention. The Committee notes the Government’s statement that the reason for this exclusion is a belief that families will take care of their children, and that such work is positive to a child’s emotional, physical and mental growth, given that it does not affect their health and development or interfere with their education. The Committee recalls that, by virtue of Article 4(2) of the Convention, a government which has excluded limited categories of employment or work from the application of the Convention must state in subsequent reports the position of its law and practice in respect of such categories. Consequently, the Committee requests the Government to state, in its next report, the position of its law and practice in respect of children employed in undertakings in which only members of their families are employed.

Article 7. Light work. The Committee previously requested the Government to indicate if section 6 of the Recruiting of Workers Regulations was amended by the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act No. 3 of 2007 so as to raise the minimum age from 14 to 16 years. The Committee notes the Government’s statement that the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act No. 3 of 2007 does in fact amend section 6 of the Recruiting Act, raising the minimum age to 16 years of age. However, the Committee notes the information in the Multiple Indicator Cluster Survey 2 (of 2000) that 4.4 per cent of 13 year olds and 6.9 per cent of 14 years olds in Trinidad and Tobago are engaged in economic activity. The Committee therefore draws the Government’s attention to Article 7(1) of the Convention which provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in 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 is 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 therefore encourages the Government to consider taking measures, in conformity with Article 7 of the Convention, to regulate light work activities for children between the ages of 13 and 16 years, and to determine the number of hours during which, and the conditions in which, such light work may be undertaken. It requests the Government to provide information on any developments in this regard.

Article 8. Artistic performances. The Committee previously drew the Government’s attention to Article 8 of the Convention which states that the competent authority may, by permits granted in individual cases (limiting the number of hours during which, and prescribing the conditions under which, such work may occur), allow exceptions to the prohibition of employment under the general minimum age, for the purpose of participating in artistic performances. It requested the Government to indicate if in practice children under the minimum of age participated in such activities.

The Committee notes the Government’s statement that there are no existing legislative provisions to govern artistic performances by children in Trinidad and Tobago. The Committee also notes the Government’s statement that children at both the primary and secondary school age are permitted to participate in artistic performances, both in local and national cultural events, as well as in competitions. The Government indicates that these activities include children’s participation in Phagwah and Divali celebrations organized in some schools and communities, and activities during the Carnival such as the Junior Calypso Competition. The Committee notes the Government’s statement that this participation is based on parental consent and is not considered to constitute work, as it contributes to a child’s cultural education and development.

Part III of the report form. Labour inspectorate. The Committee previously requested the Government to provide information on the activities carried out by the labour inspectorate with regard to the employment of minors. The Committee notes the Government’s statement that, to date, the Labour Inspectorate Unit within MOLMED has not detected any instances involving the employment of minors through its regular inspection activities. The Committee also notes the information the Government’s report submitted under Convention No. 182 that the Labour Inspectorate Unit received guidelines from the MOLMED intended to clearly outline its functions and role under the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act No. 3 of 2007. The Committee further notes the information submitted in the Government’s report under Convention No. 81 that labour inspectors have received training arranged by the ILO on child labour issues. The Government also indicates in this report that the Labour Inspectorate Unit is in discussions with the Ministry of Social Development to develop an MOU to facilitate cooperation between the Unit and the newly formed Children’s Authority of Trinidad and Tobago, to better address issues of child labour. Lastly, the Committee notes the Government’s statement that steps are being taken by the MOLMED to develop an Enforcement Policy Strategy to provide for a coordinated approach to address the issue of the employment of minors, in the event that such cases are detected. The Committee requests the Government to provide a copy of the Enforcement Policy Strategy, once it is developed. It also requests the Government to provide information on the development of the MOU between the Labour Inspectorate Unit and the Children’s Authority of Trinidad and Tobago, and the impact of this MOU on the effective application of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the 2002 ILO–IPEC Rapid Assessment Study which indicated that the age range of working children in Trinidad and Tobago was 7–17 years. It also noted that the Committee on the Rights of the Child had expressed concern, in its concluding observations of 17 March 2006, over the lack of an adequate data collection system on the situation of children, including on child labour (CRC/C/TTO/CO/2, paragraph 20). However, the Committee noted that that a national Youth Activity Survey was planned for implementation in 2006, which was expected to provide some of the critical data which was lacking.

The Committee notes the information in the Government’s report that the Central Statistical Office does not currently collect data on the employment of children and young persons. However, the Committee notes the Government’s statement that the Final Report of the Multiple Indicator Cluster Survey 3 (2008) indicated that 0.7 per cent of children in Trinidad and Tobago are involved in child labour. The Committee further notes the Government’s statement that the Youth Activity Survey has yet to be undertaken. Observing that this survey was originally planned for 2006, the Committee requests the Government to take the necessary measures to ensure that the Youth Activity Survey is undertaken in the near future, and to provide a copy of the survey’s results, once it has been realized. It also requests the Government to continue to provide information on the manner in which the Convention is applied, including 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 2008, published 98th ILC session (2009)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy. The Committee notes the Government’s information that, in August 2004, a National Steering Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago (NSC) was established. The NSC was given the responsibility to coordinate national efforts to address the problem of child labour in the country. Since its establishment, the NSC’s achievements and activities have been:

(i)    the development of a National Policy for the Prevention and Elimination of Child Labour in Trinidad and Tobago;

(ii)    monitoring the implementation of the ILO/IPEC project of 2004–05 for the removal and rehabilitation of child labourers in the Beetham and Forres Park landfill sites;

(iii)   the establishment of a Register of Children’s Services;

(iv)   the drafting of a National Policy and Plan of Action Against Child Labour in Trinidad and Tobago;

(v)   the hosting of activities in observance of World Day Against Child Labour, 2005, under the auspices of the Ministry of Labour and Small and Micro Enterprise Development (MOLMED).

The Committee requests the Government to provide copies of the National Policy for the Prevention and Elimination of Child Labour in Trinidad and Tobago, as well as of the National Policy and Plan of Action Against Child Labour in Trinidad and Tobago. It encourages the Government to continue its efforts to combat child labour and requests it to continue providing information on national policy measures designed to ensure the effective elimination of child labour, and results attained.

Article 2, paragraph 2. Minimum age for admission to employment. The Committee notes that, at the time of ratifying the Convention, Trinidad and Tobago specified 16 years as the minimum age for admission to employment or work. It notes that, by virtue of section 2(1) of the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act of 2007 (Act No. 3 of 2007), a person under the age of 16 shall not be admitted to employment. It notes that, according to section 2(2) of Act No. 3 of 2007, section 2(1) applies for the purposes of any rule of law and, in the absence of a definition or of any indication of a contrary intention, for the construction of “child”, “young person” and similar expressions in any other written law, whether passed or made before, on or after the date on which Act No. 3 of 2007 was enacted. Furthermore, it notes that sections 3, 4 and 6 of Act No. 3 of 2007 explicitly amend the Factories Ordinance of 1948 (Factories Ordinance), Children’s Act of 1925 (Children’s Act) and Shipping Act of 1987 to set the minimum age of employment at 16 years as well. The Committee notes, however, that the Factories Ordinance was expressly repealed by section 98(1) of the Occupational Safety and Health Act of 2004 (OSHA). The Committee requests the Government to indicate, in its next report, whether or not the Factories Ordinance is still in force.

Article 2, paragraph 3. Age of compulsory schooling. The Committee notes that section 76(1) of the Education Act of 1966 defines the compulsory school age as “any age between six and twelve years and accordingly a person shall be deemed to be of compulsory school age if he has attained the age of six years and has not attained the age of twelve years, and a person shall be deemed to be over compulsory school age as soon as he has attained the age of twelve years”. It notes, however, that according to the information available on the official Government web site (www.gov.tt), any child from age 12 to 18 can be enrolled in secondary school, and enrolment is, in fact, compulsory for children 16 years of age and younger. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention, is fulfilled since the minimum age for employment (16 years for Trinidad and Tobago) is not less than the age of completion of compulsory schooling (12 years). 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 people 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. The Committee therefore expresses the hope that the age of compulsory schooling has been raised from 12 to 16 years and requests the Government to indicate if it has. In the affirmative, the Committee requests the Government to indicate the legislative provisions by virtue of which the age of compulsory schooling has been raised and to supply a copy of these provisions.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that, according to the information provided by the Government in its report for the Worst Forms of Child Labour Convention, 1999 (No. 182), a National Seminar on Hazardous Occupations and Children was held jointly by the ILO Subregional Office for the Caribbean and the MOLMED in October 2004. The Employers’ Consultative Association of Trinidad and Tobago, which is the most representative employers’ association, and the National Trade Union Centre for Trinidad and Tobago, which is the most representative trade union organization, participated in the seminar. Based on the guidelines and framework provided by the seminar, the Factory Inspectorate Unit of the MOLMED is currently developing a list of occupations deemed hazardous to children. Noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee expresses the hope that it will be adopted in the very near future and requests the Government to send a copy of the list once it has been adopted.

Article 3, paragraph 3. Admission of young persons to types of hazardous work from the age of 16 years. The Committee notes that young people between 16 and 18 years of age are permitted to work in some types of hazardous work under certain conditions, such as: working on dangerous machines (section 22 of the OSHA), lifting and carrying loads (section 32 of the Factories Ordinance), and night work in the manufacture of raw sugar or any other undertaking which may be declared to come under the exception of this section by Order of the President (section 90(2) of the Children’s Act). By virtue of section 22 of the OSHA, young people between 16 and 18 years may work on dangerous machines if they have been fully instructed as to the dangers arising in connection with the machine’s operation and the precautions to be observed, and if they have received sufficient training to work on the machine, or if they are under adequate supervision by a person who has special knowledge and experience in the operation of the machine. The Committee observes that section 90(2) of the Children’s Act and section 32 of the Factories Ordinance authorize types of hazardous work for young people between 16 and 18 years of age with no conditions to ensure their health and safety. The Committee recalls that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young people between 16 and 18 years of age, on condition that the health, safety and morals of the young people concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to take the necessary measures to fully ensure the health, safety and morals of young people between 16 and 18 years of age engaged in the abovementioned types of hazardous work and to ensure that they have received adequate specific instruction or vocational training in the relevant branch of activity, in conformity with Article 3, paragraph 3 of the Convention.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes that, according to section 91(1) of the Children Act of 1925, as amended by Act No. 3 of 2007, children under 16 years of age may be employed in an undertaking in which only members of their family are employed. The Committee reminds the Government that Article 4, paragraph 1, of the Convention allows the competent authority to not apply the Convention to limited categories of employment of work in respect of which special and substantial problems of application would arise. It further recalls that under Article 4, paragraph 2, of the Convention, if a Member which ratifies the Convention decides not to apply it to certain categories of employment, it must give the reasons for such exclusion. The Committee therefore requests the Government to state whether it intends to exclude children working in an undertaking in which only members of the their family are employed from the application of the Convention and, if so, to give the reasons.

Article 6. Apprenticeship and vocational training. The Committee notes that section 91(2)(a) of the Children’s Act permits a child or young person to undertake general vocational or technical education in schools or other training institutions. Section 91(2)(b) of the Act permits a child who is at least 14 years of age to work in undertakings, if it is carried out in accordance with the conditions prescribed by the Minister of Education after consultation with the social partners and if the work is an integral part of a course of education or training for which a school is primarily responsible, a programme of training which has been approved by the Minister of Education or a programme of guidance or orientation designed to facilitate the choice of an occupation in a line of training.

Article 7. Light work. The Committee notes that section 6 of the Recruiting of Workers Regulations concerning the employment of juveniles provides that “no juvenile between the ages of fourteen and eighteen shall be recruited except with the consent of his parents or guardian and provided the conditions of employment are stated in writing and approved by the Magistrate of the district in which he is recruited or to be employed and the Magistrate must satisfy himself that the work is suitable and that the welfare of the juvenile is sufficiently safeguarded”. However, it appears that section 2(2) of Act No. 3 of 2007 amends the Recruiting of Workers Regulations so as to raise the age of 14 years to that of 16 years. If that is not the case, the Committee reminds the Government that, by virtue of Article 7, paragraphs 1 and 3, of the Convention, national laws or regulations may permit the employment or work of people from 13 to 16 years of age on light work which is not likely to be harmful to their health or development and not so as to prejudice their attendance at school or participation in vocational training. 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. The Committee requests the Government to indicate if section 6 of the Recruiting of Workers Regulations was amended by the Minimum Age Act so as to raise the minimum age from 14 to 16 years. Conversely, the Committee requests the Government to indicate what criteria apply to the approval by the magistrate of the conditions of employment or work of young people from 14 to 16 years of age. Furthermore, it requests the Government to specify whether these conditions prescribe the number of hours during which and the conditions in which such employment or work may be undertaken, in line with Article 7, paragraph 3, of the Convention.

Article 8. Artistic performances. The Committee notes the Government’s information that no consultation has been undertaken with regard to regulating artistic performances which may be performed by children. It draws the Government’s attention to Article 8 of the Convention which states that the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age, for the purpose of participating in artistic performances. Permits so granted shall limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to indicate whether, in practice, children under 16 years can participate in artistic performances and, if so, to provide information on provisions which determine conditions of such work.

Article 9, paragraph 1.  Penalties. The Committee notes that section 91(1) of the Children’s Act, as amended by Act No. 3 of 2007, provides that any person who employs a child under the age of 16 years or permits them to work in contravention of this section is guilty of an offence. Section 94 of the Children’s Act provides that a parent or guardian who conduces to the employment of a child under the age of 16 years through wilful default, or by habitually neglecting to exercise due care, is guilty of an offence. Finally, the Committee notes that, by virtue of section 96 of the Children’s Act, a person who commits these offences is liable upon conviction to a fine of US$12,000 and to imprisonment for 12 months.

Article 9, paragraph 3. Keeping of registers. The Committee notes that, by virtue of section 92(1) of the Children’s Act, employers must maintain a register of every person under the age of 18 years employed by them, as well as the name, address and date of birth of every young worker. By virtue of section 92(2) of the Children’s Act, these registers must be produced for inspection on request by an inspector of the Ministry of Labour at any reasonable hour of any working day. Finally, section 92(3) of the Children’s Act provides that any employer who fails to comply with section 92 is liable to a fine of US$2,500 and to imprisonment for six months.

Part III of the report form. Labour inspectorate. The Committee notes that sections 92A and 92B of the Children’s Act provide that the Minister of Labour may designate in writing a suitably qualified public officer as an inspector in his Ministry and such an inspector will have the authority to enforce the provisions related to the employment of a person under the age of 18. According to section 92B(1) of the Children’s Act, an inspector may, at any reasonable time, with the permission of the owner or occupier of the premises, enter the premises where a person under the age of 18 years is employed or where there is any book, record or other document relating to a person under the age of 18 years which may afford evidence as to the contravention of any provision of the Act. The Committee requests the Government to provide information on the activities carried out by the labour inspectorate with regard to the employment of minors, including extracts of inspection reports and information on the nature and extent of violations detected involving the employment of children and young people.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the ILO/IPEC Rapid Assessment Study conducted in 2002 to highlight the working conditions of child labourers in Trinidad and Tobago, the age profile of the 25 children interviewed in Tobago showed that 28 per cent were between ages 10 and 13, and 68 per cent were between 14 and 17. The Rapid Assessment Study also revealed that children as young as 7 years of age were involved in the worst forms of child labour, suggesting that the range of working children working in Tobago was 7 to 17 years. The Study showed that the findings in Trinidad were essentially the same. However, the Committee shares the Committee on the Rights of the Child’s concern, in its concluding observations of 17 March 2006, at the absence of comprehensive and updated statistical data and the lack of an adequate data collection system with respect to the situation of children in Trinidad and Tobago, including child labour (CRC/C/TTO/CO/2, paragraph 20). The Committee notes the information provided by the Government in its report for the Worst Forms of Child Labour Convention, 1999 (No. 182), that a national survey on youth activity was planned for implementation in 2006 which is expected to provide some of the critical data that is currently lacking. The Committee requests the Government to provide a copy of the youth activity survey as soon as it has been realized, as well as more up to date information on the manner in which the Convention is applied, including statistical data on the employment of children and young people, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young people.