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

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

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

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

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

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

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

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

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