Comments adopted by the CEACR: Barbados

Repetition

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) received on 10 September 2014, concerning matters examined under this comment, as well as other allegations of violations of the Convention in the law. The Committee requests the Government to provide its comments in this respect. The Committee also takes note of the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

The Committee recalls that it has been requesting the Government since 1998 to provide information on developments in the process of reviewing legislation regarding trade union recognition. The Committee notes that the Government indicates that there are no further developments in the process of reviewing legislation regarding trade union recognition, and that a number of the observations made by the ITUC refer to issues concerning trade union registration. Hoping that it will be able to observe progress in the near future, the Committee requests the Government to provide information on any development in the legislative review process and it recalls that the Government may avail itself of the technical assistance of the ILO in this regard.

Repetition

The Committee recalls that for numerous years it has been requesting the Government to amend section 4 of the Better Security Act, 1920, according to which any person who wilfully breaks a contract of service or hiring, knowing that this could endanger real or personal property, is liable to a fine or up to three months’ imprisonment, with a view to eliminating the possibility of employers invoking it in cases of strikes. In this respect, the Committee once again recalls that no penal sanction should be imposed against a worker for having carried out a peaceful strike and thus for merely exercising an essential right, and therefore that measures of imprisonment or fines should not be imposed in such cases. Such sanctions could be envisaged only where, during a strike, violence against persons or property, or other serious infringements of penal law have been committed, and can be imposed pursuant to legislation punishing such acts. The Committee observes that, in its 2014 observations, the ITUC raised this issue as well. The Committee regrets that once again the Government’s report contains no information in this regard and trusts that the Government will take the necessary measures to amend section 4 of the Better Security Act, 1920, taking into account the above-mentioned principles.

Repetition

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. In previous comments, the Committee noted the absence of a legislative framework supporting the right to equal remuneration for men and women for work of equal value. Having noted also that the existing mechanisms for collective bargaining and wage councils for wage determination did not seem to promote and ensure effectively this right, the Committee requested the Government to take measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes from the Government’s report on Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that the draft National Gender Policy, which includes a section on employment, is currently being reviewed by the relevant ministries but that the Employment (Prevention of Discrimination) Bill is yet to be adopted. The Committee once again recalls the particular importance of capturing in legislation the concept of “work of equal value” in order to address the segregation of men and women in certain sectors and occupations due to gender stereotypes. In light of the ongoing legislative and policy developments on gender equality and non-discrimination, the Committee asks the Government to take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value will be fully reflected in the National Gender Policy and in the Employment (Prevention of Discrimination) Bill, and to provide a copy of the policy and the new legislation, once adopted.

Gender earnings gap and occupational segregation. The Committee notes from the statistics published by the Barbados Statistical Service (Labour Force Survey) that of all women employed in 2015, 52.4 per cent earned less than 500 Barbadian dollars (BBD) per week compared to 41.8 per cent of all men employed in that same year. Among those earning between BBD500 and BBD999 per week, men represented almost 56 per cent and women only 44 per cent. Among those earning between BBD1,000 and BBD1,300, women represented 46.6 per cent and men 53.1 per cent. Men also account for a little more than half of the workers (52.5 per cent) in the highest earnings group (over BBD1,300). The Committee further notes from the Labour Force Survey data for 2015 the persistent occupational gender segregation of the economy with women mostly employed as service workers and clerks while men are mostly employed as craft and related workers or plant and machine operators. When looking at economic sectors, women workers are highly represented in “Accommodation and Food Services”, and their numbers sometimes more than doubles or triples the number of male workers in “Finance and Insurance”, “Education” and “Human Health and Social Work”. Women are also over-represented among household employees. In contrast, men largely predominate in the “Construction” and “Transportation and Storage” sectors. The Committee further refers to its comments on Convention No. 111. The Committee asks the Government to take measures to reduce the earnings gap between men and women and to increase the employment of women in jobs with career opportunities and higher pay. Recalling that wage inequalities may arise due to the segregation of men and women into certain sectors and occupations, the Committee also asks the Government to provide information on the results achieved under the National Employment Policy and the National Gender Policy, once adopted, to address occupational gender segregation and to increase the employment of women and men in sectors and occupations in which they are under-represented.

Repetition

Article 2 of the Convention. Minimum wages. The Committee recalls its previous comments in which it noted that the minimum wages for domestic workers had not increased for more than 20 years. The Committee notes from the latest Labour Force Survey data published by the Barbados Statistical Service that in 2015 the number of women domestic workers was almost four times the number of men employed in domestic work. The Committee welcomes the adoption of the Minimum Wage Act 2017 which establishes a Minimum Wage Board to advise the Minister on matters relating to the fixing of a minimum wages (section 3(1)), and which provides for the adoption of Minimum Wage Orders prescribing a national minimum wage or a minimum wage in respect of employees in a specified group or sector, or minimum terms and conditions of service (section 6(1)(a) and (b)). The Government indicates in its report that minimum wage fixing for employees in a specified group or sector will cover minimum wages of domestic workers. The Committee recalls that in the case of minimum wage fixing at the sector level, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see General Survey of 2012 on the fundamental Conventions, paragraph 683). The Committee requests the Government to: (i) indicate the measures adopted by the Minimum Wages Board to ensure minimum wage rates for specified groups of employees or sectors are fixed, based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women, including domestic work, is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) provide copies of any Minimum Wage Orders adopted for specified groups or sectors. The Committee asks the Government to provide information on the steps taken to adjust the minimum wages of domestic workers taking into account the principle of the Convention so as to ensure that their work is not being undervalued and rates of remuneration are determined without discrimination based on sex.

Article 2. Collective agreements. In its previous comments, the Committee noted that sex-specific terminology was used in wage classifications in some collective agreements, reinforcing stereotypes regarding whether certain jobs should be carried out by men or women, and thus increasing the likelihood of wage inequality. The Committee notes that sex-specific terminology was not used in the wage classifications of sample collective agreements submitted by the Government, but notes that the Government does not provide information on measures taken to ensure that such gender-neutral terminology is used in all collective agreements. The Committee therefore reiterates its request to the Government to take steps, in collaboration with employers’ and workers’ organizations, to systematically ensure that gender-neutral terminology is used in defining the various jobs and classifications in collective agreements, and that collective agreements promote the principle of equal remuneration for men and women for work of equal value, and to provide information on progress made in this regard.

Article 3. Objective job evaluation. The Committee notes that the Government describes in general terms two job evaluation methods used by unionized companies, which are the Hay Guide Chart/Profile and the Factor methods. In this regard, the Committee recalls that when using such methods, particular care must be taken to ensure that job evaluations are free from gender bias, and that the selection of factors for comparison, the weighing of such factors, and the actual comparison carried out are not discriminatory, either directly or indirectly. It also stresses that the determination of criteria for job evaluations and their weighting are matters on which cooperation between employers and workers is particularly important (see General Survey of 2012 on the fundamental Conventions, paragraphs 701, 705 and 706). Recalling the Government’s previous indication that objective job evaluations are undertaken in non-unionized companies as well as unionized companies, the Committee asks the Government to provide information on measures taken to ensure that job evaluation methods used by these companies, in both the public and private sectors, are free from gender bias, including with respect to the selection and weighing of factors for comparison. The Committee also asks the Government to provide information on any such objective job evaluation methods used by the Minimum Wages Board to design or adjust sectoral or occupational minimum wage schemes, including for domestic workers.

Statistics. The Committee notes that the National Employment Policy recognizes the importance of identifying gender gaps in both the public and private sectors and the need to collect, analyse and disseminate gender-specific information to determine the evolution of gender gaps in the labour market. Recalling the importance of the regular collection of statistics in order to undertake an assessment of the nature, extent and evolution of the gender pay gap, the Committee asks the Government to provide information, disaggregated by sex, on the wage levels in the various sectors and occupations.

Repetition

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to section 148(1)(b) and (c) of the Shipping Act, 1994–2015, under which seafarers may be imprisoned for one month and three months, respectively, if guilty of wilful disobedience, or continued wilful disobedience, to any lawful command. Section 149(a) and (b) of the Shipping Act provides that deserting seafarers or seafarers absent without leave may be imprisoned for three and two months, respectively. Moreover, the Committee noted that, pursuant to section 64 of the Prison Rules, 1974, sentences of imprisonment require prisoners to work. It hoped that measures would be taken to re-examine these sections of the Shipping Act, with a view to ensuring that no penalties of imprisonment involving compulsory labour may be imposed for violations of labour discipline. The Committee had also noted the Government’s statement that these provisions of the Shipping Act have never been applied in practice.

The Committee notes the Government’s statement that the Barbados Cabinet Committee on Governance has considered a paper from the Ministry of International Transport proposing that the Shipping Act Cap. 296 be amended to remove sections 148(1)(b) and (c), and 149(a) and (b) and that the Chief Parliamentary Counsel be instructed to take the requisite action. Additionally, a paper regarding this matter is now under preparation for submission to the full Cabinet to remove any issues that contravene the Convention.

The Committee takes due note of the Government’s statement and referring to paragraph 312 of its General Survey of 2012 on the fundamental Conventions, it recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Observing that the above provisions of the Shipping Act have been the subject of comments for a considerable number of years, the Committee trusts that the Government will take the necessary measures as soon as possible to bring the legislation into conformity with the Convention and the indicated practice. It requests the Government to provide information on the progress made in this regard.

Repetition

Articles 1–3 of the Convention. Legislative protection against discrimination. The Committee had previously noted that the Employment Rights Act 2012, while protecting workers against unfair dismissal on all the grounds enumerated in Article 1(1)(a) and certain additional grounds under Article 1(1)(b) of the Convention, did not ensure full legislative protection against both direct and indirect discrimination for all workers in all aspects of employment and occupation. The Committee previously asked the Government to address the protection gaps in the legislation. The Committee notes that the Government in its report merely restates the constitutional provisions on equality, and the protections afforded by the Employment Rights Act 2012. The Government also maintains that no distinctions, exclusions, or preferences based on the prohibited grounds set out in Article 1(1)(a) or on any additional grounds determined in accordance with Article 1(1)(b) exist in the country, and that no discrimination cases have been reported. Regarding the presumed absence of discrimination, the Committee considers that it is essential to acknowledge that no society is free from discrimination, and that continuous action is required to address discrimination in employment and occupation, which is both universal and constantly evolving (see 2012 General Survey on the fundamental Conventions, paragraphs 731 and 845). Noting that the Employment (Prevention of Discrimination) Bill 2016 is still in draft form, the Committee urges the Government to take steps, without further delay, to address the protection gaps in the legislation, and to ensure that the anti-discrimination legislation expressly defines and prohibits direct and indirect discrimination in all aspects of employment and occupation, for all workers, and on all the grounds set out in the Convention. The Committee also repeats its request to the Government to provide information on the steps taken to ensure that all workers are being protected in practice against discrimination not only with respect to dismissal but with respect to all aspects of employment and occupation, on the grounds set out in the Convention. Such measures could include public awareness raising aimed at, or in cooperation with, workers and employers and their organizations, or the development of codes of practice or equal employment opportunities guidelines to generate broader understanding on the principles enshrined in the Convention. Noting with regret that for several years the Government has not provided any information on the action taken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction, and to eliminate discrimination in employment and occupation on these grounds, the Committee urges the Government to provide such information without delay, including any studies or surveys on the labour market situation of the different groups protected under the Convention.

Article 1(1)(a). Discrimination on the grounds of sex. Sexual harassment. The Committee previously noted the absence in the Employment Rights Act 2012 of provisions protecting workers against sexual harassment. The Committee notes the Government’s indication that the proposed Sexual Harassment in the Workplace Bill will define and prohibit both quid pro quo and hostile environment sexual harassment and provide for a tribunal to hear complaints and determine matters related to sexual harassment. The Committee urges the Government to take steps to ensure that the draft Sexual Harassment in the Workplace Bill is adopted speedily and that it will define and prohibit sexual harassment (both quid pro quo and hostile environment harassment) in all aspects of employment and occupation, and asks that the Government provide a copy of the latest version of the Bill, or as enacted, with its next report.

Repetition

Articles 2 and 3 of the Convention. Equality of opportunity and treatment between men and women. National gender policy. The Committee notes from the statistics published by the Barbados Statistical Service for 2015 (Labour Force Survey) the significant occupational gender segregation within the labour market. The statistics on gender distribution by occupational group show that the number of women workers is more than double that of men workers in services and that there are over four times more women than men working as clerks. Women professionals significantly outnumber their male counterparts. In contrast, men largely dominate among “crafts and related workers” and “machine operators”, and represent a significantly higher proportion of workers in “elementary occupations”. With regard to gender distribution by industry, women tend to predominate in “accommodation and food services”, where there are almost double the number of men. At least twice as many women than men are employed in the “finance and insurance” sector and in “education”. In “human health and social work”, the number of women employees is almost six times higher than the number of men employees. The number of women household employees is almost four times higher than men. In contrast, men tend to predominate in the “construction, mining and quarrying” and “transportation and storage” sectors. The Committee notes that the National Employment Policy recognizes that discrimination and gender roles constructed in society, as well as the establishment of traditionally “female and male” occupations, can perpetuate gender inequality. The policy emphasizes the need for measures to promote women in non-traditional occupations and to promote a work–family balance for all employees, including through measures promoting flexible work arrangements, and through increased childcare assistance and flexible technical and vocational education and training (TVET) programmes. The Committee further notes the Government’s indication in its report that the National Policy on Gender, which is still under review by the Ministry of Social Care, Constituency Empowerment and Community Development, includes a section on employment covering areas such as unpaid work, parental leave, health and safety issues, informal economy, minimum wages, increased opportunities for both men and women in non traditional occupations, non-discrimination and data collection. In these circumstances, the Committee urges the Government to take the necessary steps to ensure that the National Policy on Gender is adopted without any further delay and its implementation commenced rapidly. The Committee asks the Government to provide a copy of the most recent version of the Policy and information on any progress made. The Committee also asks the Government to provide information on the specific measures adopted and results achieved to address occupational gender segregation in the labour market, and particularly to increase opportunities for men and women to access occupations in which they are under-represented and to promote work – family balance for all employees.

Article 3(e). Access to education, vocational training and guidance. The Committee notes from the statistics of the Barbados Statistical Service for 2013, that women graduates dominate in two of the country’s more recognized tertiary institutions, namely the University of the West Indies and the Barbados Community College, while in the TVET institutions, men accounted for over 60 per cent of graduates in 2013. The Committee asks the Government to provide up-to-date information on the distribution of men and women in the different educational and vocational training institutions, with an indication of the types of courses which they are taking. It also asks the Government to identify the steps taken or envisaged to increase the number of male and female graduates in a wider variety of courses, particularly courses in which they are traditionally under-represented.

Enforcement. In its previous comment, the Committee noted that the Employment Rights Act of 2012 established the Employment Rights Tribunal, which can receive complaints in respect of unfair dismissals and can issue orders for reinstatement as well as compensation. It notes the Government’s indication that the Tribunal has started to hear cases, but that none so far have been related to discrimination. The Committee further notes the Government’s general indication that the Department of Labour received training in prosecutorial procedures in 2010. The Committee recalls that where no, or very few, cases or complaints exist or are being lodged, this is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee urges the Government to provide information on the steps taken to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination. It also reiterates its request to the Government to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Government is also asked to provide the texts of relevant decisions of the courts and the Employment Rights Tribunal involving issues relating to the principles contained in the Convention.

Repetition

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the adoption in 2012 of a National Employment Policy which is aligned with the National Strategic Plan of Barbados 2005–25, as well as that of a Human Resource Development Strategy in 2014. The Government indicates that the major policies and measures pursued over the period 2013–20 are outlined in the Medium-Term Growth and Development Strategy (MTDS). As regards the measures taken or envisaged in order to integrate particular categories of workers in the labour market, the Committee notes that the National Employment Policy provides for key areas of intervention targeting persons with disabilities, youth, women, workers in the informal economy, and migrants. The Committee also notes the Government’s indication that the measures taken by the Ministry of Social Care, Constituency Empowerment and Community Development to meet the needs of particular categories of the workforce, including women, young persons, older workers and persons with disabilities have not yet been evaluated. The Government also indicates that, as part of the Medium-Term Growth and Development Strategy, reviews are conducted regarding the performance of individual ministries. The Committee further notes that, according to the Continuous Household Labour Force Survey estimates for the first quarter of 2016, the unemployment rate stood at 9.3 per cent (8.7 per cent for men and 10 per cent for women). This represents an overall decrease of 2.5 percentage points in the unemployment rate as compared to the corresponding quarter of 2015 (3.4 percentage points in the case of men and 1.6 percentage points in the case of women). The labour force participation stood at 65.3 per cent (69.6 for men and 61.4 for women) for the same period, representing an increase of 0.3 percentage points when compared to the corresponding quarter of 2015. The Committee reiterates its request that the Government provide information on the impact of the active measures taken for promoting employment on reducing unemployment and underemployment and increasing employment levels within the framework of a coordinated economic and social policy. It further requests the Government to provide information on the results of the ministerial reviews conducted in the context of the Medium-Term Growth and Development Strategy. The Committee also requests the Government to provide detailed information on the impact of the measures taken to address the needs of particular categories of workers, such as women, young people, older workers and workers with disabilities.

Education and vocational training. The Government states that the overall objective of the Human Resource Development Strategy is to support efforts to increase competitiveness, promote sustainable growth and alleviate poverty. The Strategy aims to provide a framework for strengthening human resources and skills development, improving employability and productivity of Barbadian workers. The Strategy identifies five pillars of strategic intervention: an enabling environment, a national qualifications framework, a demand-driven educational system, a knowledge management system, and enhanced research, innovation and entrepreneurship. The Committee requests the Government to provide information on the measures taken or envisaged to improve the education and training system and to enhance its labour market relevance so as to better align the demand and supply of skills.

Article 3. Participation of the social partners. The Government indicates that the Social Partnership engages in tripartite discussions on a quarterly basis to consider social and economic issues that confront the country. In addition, the social partners participate in a national consultation on the economy which is convened on an annual basis and features representatives across all economic sectors. The Government indicates that the social partners’ “willingness to pursue a joint approach to the formulation of policies to the solving of problems and to the management of a process of change and social development” is evidenced by a number of Protocols that have been initiated by leaders of employers’ and workers’ organizations. The Committee requests the Government to provide examples of the manner in which the views of the social partners are taken into account in the development, implementation and review of employment policies and programmes. The Committee also requests the Government to provide information regarding the Social Partnership Protocols in force as well as their scope of application. It further requests the Government to provide information on whether consultations are carried out with representatives of persons working in rural areas and the informal economy.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the most recent Standing Tripartite Committee was appointed for a period of three years, effective from 27 October 2014. The Committee notes with interest the minutes of the Standing Tripartite Committee meetings convened on 1 September 2015 and 28 September 2016. In 2015, the Standing Tripartite Committee discussed and completed the report form for the 2015 General Survey concerning the right of association and rural workers’ organizations instruments, whereas in 2016, it discussed completion of the report form for the 2017 General Survey concerning the occupational safety and health instruments, as well as the contents of the reports on ratified Conventions to be made to the ILO in 2015 and 2016, as recorded in the minutes of the meetings respectively convened on 1 September 2015 and 28 September 2016. The Committee requests the Government to continue to provide information, including minutes of the Standing Tripartite Committee meetings, on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to the submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)).

Repetition

Article 5 of the Convention. Monitoring mechanisms. Collaboration between inspection services and law enforcement officials. The Committee previously noted that the Barbados Workers’ Union expressed concern that persons under the age of 18 years were being abused in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drug trade, and indicated that the inspection and monitoring systems should be strengthened. The Government recognized the need for greater collaboration between the police and the Labour Department, and stated that consideration was being given to having labour officers visit areas such as red-light districts with the necessary support from law enforcement officials. The Committee also noted the Government’s indications that a National Task Force on the Prevention of Trafficking in Persons was established to coordinate the Government’s response to prevention, detection and prosecutions in cases of child trafficking. However, no written protocol was developed yet to facilitate inter-agency operations.

The Committee notes the Government’s information in its report that procurement for prostitution and pornography are currently outside the purview of the Labour Department, and no specific action was taken to visit red-light districts. The Government indicates, however, that following the enactment of the Trafficking in Persons Prevention Act 2016-9, a National Task Force consisting of different agencies is in place. The Government also states that national agencies carry out their work in law enforcement in areas under their mandate and collaborate as necessary. Referring to paragraph 626 of its General Survey on the fundamental Conventions of 2012, the Committee observes that, due to the multidimensional nature of the worst forms of child labour, several different monitoring institutions play an important role in this regard. The Committee considers that collaboration and information sharing between these various institutions is essential for preventing and combating worst forms of child labour. The Committee therefore requests the Government to take the necessary measures to improve the cooperation between different national agencies in this regard. It also requests the Government to provide detailed information on the activities carried out by the labour administration, the law enforcement agencies and the National Task Force in relation to their cooperation to eliminate the worst forms of child labour, as well as on any results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Victims of trafficking. The Committee previously noted that, pursuant to section 13(3) of the Transnational Organized Crime (Prevention and Control) Act of 2011, a person who is convicted of trafficking may be ordered to pay restitution to the victim and that this restitution may include (pursuant to section 13(4)) costs of medical and psychological treatment as well as costs of rehabilitation. The Government stated that in 2013, there was one case involving child trafficking, while there was no record of any victim of trafficking being provided with restitution in the form of costs for medical and psychological treatment as well as rehabilitation.

The Committee notes that, pursuant to section 11 of the Trafficking in Persons Prevention Act 2016-9 (repealing the Transnational Organized Crime (Prevention and Control) Act of 2011), the court may order the convict to pay restitution to the victim. Moreover, a victim of trafficking who is not a national of Barbados and his/her accompanying dependent children may be allowed to stay in Barbados for a certain period, and receive benefits such as housing, safe shelter, education and training opportunities, psychological counselling, medical service and legal assistance (section 18). Special consideration shall be given to a child victim in a manner that is in the child’s best interests and appropriate to the situation (section 21). The Government indicates that, to date, the Labour Department has no information on the implementation of the Act in practice since its entry into force. The Committee notes that, in its concluding observations of 2017, the Committee on the Elimination of Discrimination against Women (CEDAW) was particularly concerned about the lack of information on the support and rehabilitation services and specialized shelters available to victims of trafficking. The Committee therefore requests the Government to provide information on the application in practice of sections 11, 18 and 21 of the Trafficking in Persons Prevention Act 2016-9, particularly regarding any child victims of trafficking who have received restitution from perpetrators and assistance for their rehabilitation and social integration.

Application of the Convention in practice. The Committee previously noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. The Committee observed that the last study conducted on this subject in Barbados was in 2002, which found the presence of several of the worst forms of child labour. The Government had not been able to gather any data on the nature and trends of the worst forms of child labour since then.

The Committee notes the Government’s information that no instances of child labour have been detected as a result of inspection activities by the Labour Department. The Committee also notes that, in its concluding observations of 2017, the CRC was concerned about the lack of data on the extent of child labour, as well as at the weak mechanism of child labour inspection (CRC/C7/BRB/CO/2, paragraph 57). Recalling the importance of statistical information in assessing the application of the Convention in practice, the Committee requests the Government to strengthen its efforts to ensure that statistical data, on the nature, extent and trends of the worst forms of child labour in Barbados, is made available in the near future. To the extent possible, all information provided should be disaggregated by gender and age.

Repetition

Article 3(a) of the Convention. Worst forms of child labour. Sale and trafficking of children. The Committee previously noted the adoption of the Transnational Organized Crime (Prevention and Control) Act in 2011, section 8 of which criminalizes the trafficking of persons for the purposes of labour and sexual exploitation.

The Committee takes due note of the Government’s information in its report that the Transnational Organized Crime (Prevention and Control) Act of 2011 was repealed and replaced by the Trafficking in Persons Prevention Act 2016-9, which contains comprehensive provisions addressing the issue of trafficking. According to section 4, the trafficking of children for labour and sexual exploitation is punishable by a fine of 2 million Barbadian dollars (BBD) (about US$990,099), life imprisonment or both. The Committee notes, however, that according to the Government’s written replies to the list of issues of the Committee on the Elimination of Discrimination against Women (CEDAW) of 2017, since 2015, no new arrests and charges have been made in relation to trafficking (CEDAW/C/BRB/Q/5-8/Add.1, paragraph 52). In its concluding observations of 2017, the CEDAW expressed its concern that Barbados remains both a source and a destination country for women and girls, including non-nationals, who are subjected to trafficking for purposes of sexual exploitation and forced labour, as a result of high unemployment, increasing levels of poverty and the weak implementation of anti-trafficking legislation. The CEDAW was also concerned about the lack of information on the number of complaints, investigations, prosecutions and convictions related to the trafficking of women and girls (CEDAW/C/BRB/CO/5-8, paragraph 25). The Committee on the Rights of the Child (CRC) similarly expressed its concern at the high level of internal trafficking of children, the lack of information on the situation in general and the lack of effective measures to address and prevent the sale and trafficking of children in its concluding observations of 2017 (CRC/C/BRB/CO/2, paragraph 58). The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Prevention Act 2016-9, particularly in relation to the trafficking of children. It also requests the Government to provide information on the application of section 4 of the Act in practice, including the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 4(1) of the Convention. The Government indicated that the formulation of a list of types of hazardous work prohibited to persons under 18 years of age was being considered. The Committee also noted that the Safety and Health at Work Act 2005 entered into force in January 2013 and that draft regulations under the provisions of this were forwarded for comments to the representative employers’ and workers’ organizations.

The Committee notes the Government’s repeated indication that the types of hazardous work prohibited to persons under 18 years of age are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18 years of age. The Committee also notes the Government’s statement that none of the draft regulations under the Safety and Health at Work Act deal with this issue. Considering that it has been referring to this issue since 2004, the Committee must express its deep concern at the absence of a comprehensive list of the types of hazardous work prohibited for children. The Committee once again draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee therefore urges the Government to take the necessary measures to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned, and to provide information on any progress made in this regard.

Repetition

The Committee notes the detailed report of the Government received in November 2013 and asks the Government to provide previously requested information concerning the adjustment of invalidity and old-age benefits (Article 29 of the Convention) and lowering of pension age in arduous or unhealthy occupations (Article 15(3)).