Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Convenio sobre la edad mínima, 1973 (núm. 138) - Barbados (Ratificación : 2000)

The Committee notes with regret that for the third consecutive year 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:

Article 1 of the Convention. The Committee noted that on December 2002 ILO established the following study: “Barbados, the situation of children in the worst forms of child labour in a tourism economy: a rapid assessment”. It noted that, according to this study, the Government of Barbados, trade unions and the private sector strongly oppose child labour. In addition, the Government completed a country survey on child labour information for the Trade and Development Act (GP), which outlines several legal provisions to combat child labour. The Committee noted that, according to the ILO Assessment Study, Barbados has a well‑developed network of institutions for health, education, social services and the judiciary. In 1998, the Government established a National Committee for Monitoring the Rights of the Child. It noted that the Child Care Board and the Labour Department are responsible for monitoring child labour. It also noted that the Child Care Board, which acts jointly with the Royal Barbados Police Force, has a mandate to ensure the care and protection of children. The Committee asks the Government to provide information on the national policy measures designed to effectively reduce and eliminate child labour. It also asks the Government to supply a copy of the country survey on child labour Information for the Trade and Development Act.

Article 2, paragraph 1. Scope of application. The Committee noted that section 11 of the Employment (Miscellaneous Provisions) Act, 1977, as modified by the Employment (Miscellaneous Provisions) (Amendment) Act, 2001, provides that no child (under the age of 16 years) shall be employed in any industrial undertaking or ship. It also notes that, according to section 103 of the Shipping Act, 1994, no person shall employ an individual under the age of 16 years to work on board any Barbadian ship unless: (a) he is employed upon work approved by the Registrar on board a school ship or training ship; or (b) the Registrar certifies that he is satisfied, having due regard to the health and physical condition of the individual and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. The Committee noted that the abovementioned provisions of the Employment Act and the Shipping Act seem to be applicable only to industrial undertakings and ships and that the general prohibition stated by section 14 of the Employment Act is limited to employment during school hours. The Committee requests the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity and to indicate what minimum age provisions apply to sectors other than industrial undertakings, such as agricultural work.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee noted that the Employment Act, 1977, the Factories Act, 1984, and the Shipping Act, 1994, make provisions for the health and protection of children and young persons engaged in industrial undertakings, factories and on board of ships. It noted that, according to section 8(1) of the Employment Act, no “young person” (between 16 and 18 years, according to the Employment (Miscellaneous Provisions) (Amendment) Act, 2001) shall be employed in any industrial undertaking during the night (between 6 p.m. and 7 a.m.) or in any work that, by its nature or the circumstances under which it is done, is likely to cause injury to his health, safety or morals. The Committee further noted the Government’s information that section 66 of the Factories Act of 1984 prohibits the employment of women and “young persons” (defined under this Act as a person between 15 and 18 years of age) in certain processes connected with lead manufacture, such as: work at a furnace involving the reduction or treatment of zinc or lead ores; the manipulation, treatment or reduction of ashes containing lead, the desilverising of lead or the melting of scrap lead or zinc; the manufacture of solder or alloys containing more than 10 per cent lead; the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead; mixing or pasting in connection with the manufacture or repair of electric accumulator or the recovery of plates or lead compounds from discarded accumulators; the cleaning of workrooms where any of the above processes are carried on; or the manufacture of paint containing lead or the dry rubbing down of surfaces treated with paint containing lead. The Committee noted that, according to section 103(2) of the Shipping Act of 1994, no person shall employ an individual under the age of 18 years in any Barbadian ship unless a certificate granted by a duly qualified medical practitioner is delivered to the master of the ship certifying that such individual is fit to be employed in that capacity; section 103(4) prohibits the employment of any person under the age of 18 years in the engine room of any vessel unless he is an apprentice working under supervision. The Committee noted the Government’s information that section 67 of the Liquor Licences Act states that no person under the age of 18 years: (i) shall be employed in connection with the sale or supply of intoxicating liquor on any premises in respect of which a retail member’s club or proprietary club licence is granted; (ii) shall be wholly or mainly employed in serving intoxicating liquor on any premises in respect of which a restaurant or hotel licence is granted. The Committee asks the Government to supply a copy of the Liquor Licences Act.

Article 3, paragraph 2. Determination of hazardous work. The Committee noted that the Employment Act provides for an extensible definition of “industrial undertaking” (sections 2, 7 and 10 of the Act) which includes some types of hazardous work (such as work in any mine, quarry and other work involving the extraction of minerals from the earth). The Committee also noted that while section 8(1) of the Employment 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 health, safety or morals, the national legislation does not contain a determination of the types of work likely to jeopardize the health, safety or morals of young persons, pursuant to section 8. It reminded 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 considered that a general prohibition of dangerous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work, which are too dangerous for young persons to perform, are not designated specifically, there is usually no way for a young person to be prohibited from performing a particular dangerous job (see the General Survey of the Committee of Experts of 1981, paragraph 225). The Committee asks the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work, in accordance with Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. Exclusion of limited categories of employment or work. The Committee noted that, according to section 12(b) of the Employment Act, Part IV of this text, regarding employment of children, does not apply to any industrial undertaking or ship in which only members of the same family are employed. The Committee recalled 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 in family undertakings pursuant to section 12 of the Employment Act, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family undertakings. The Committee also asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee noted the Government’s statement that no use has been made of the exceptions permitted under this Article of the Convention. However, the Committee noted that section 14(1) of the Employment Act only prohibits the employment of a child or young person of compulsory school age during school hours. The Committee also noted that, according to the ILO Rapid Assessment Study, a number of children under 16 years of age are economically active in some way or another. The Committee recalled that Article 7, paragraphs 1 and 3, of the Convention 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 and development; and (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 recalled 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 such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 13 years and above.

Part III of the report form. The Committee noted the Government’s statement that the Labour Department administers the Employment Act and the Factories Act. It noted that the Child Care Board and the Labour Department are responsible for monitoring child labour and are empowered to conduct investigations and inspections if a problem of child labour is reported. It noted that, according to the Labour Department Act of 1978, the Chief Labour Officer, the Deputy Chief Labour Officer and Labour Officers of the Ministry of Labour are in charge of performing inspection duties. The Committee also noted that specific inspection powers are assigned to Labour Officers by single labour laws, such as the Employment Act and the Factories Act of 1984. The Committee noted the Government’s statement that, according to the Shops Act, inspections of shops are carried out by eight labour officers under the supervision of a senior labour officer. Inspections on factories are carried out by four factory inspectors under the supervision of a senior factor Inspector. It noted the Government’s information that inspections on non-factory operations would be conducted in response to any complaints and, so far, there were no complaints. Nevertheless, the Committee noted that, according to the “rapid assessment on the situation of children in the worst forms of child labour in a tourism economy” established by ILO on December 2002, despite the strong policy and legal framework, monitoring strategies appeared to be inadequate. The Committee asks the Government to provide information on the practical application of the inspections carried out by the Labour Officers, the Child Care Board, the factory and shops officers and to supply copies of any reports of such inspections. The Committee also asks the Government to supply a copy of the Shops Act.

Part V of the report form. The Committee noted that, according to the ILO Rapid Assessment Study, about 48 per cent of the children engaged in economic activities were engaged in general work and 52 per cent were in activities of hazardous nature both in tourist and non-tourist sectors. Boys seem to be mainly involved in construction, electrical repairs/installation, fruit selling, horse grooming and assisting at supermarkets, and girls were working as hair-braiders, childcare assistants and shop assistants. Most children attended school and those engaged in economic activities worked on a part-time basis after school or on weekends. Children involved in the worst forms of child labour appeared to attend school less regularly than children doing general work activities. The Committee requests the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons.