Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Convenio sobre la edad mínima, 1973 (núm. 138) - Bahamas (Ratificación : 2001)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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