Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Saint-Kitts-et-Nevis (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had observed the absence of provisions prohibiting the sale and trafficking of children and had therefore requested the Government to take immediate measures to prohibit in the national legislation the sale and trafficking of children under 18 years.

The Committee notes with interest that according to section 2 of the Trafficking in Persons (Prevention) Act of 2008 (Trafficking in Persons Act), “trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of a person by means of threat or use of force or other means of coercion, or by abduction, fraud, deception, abuse of power or a position of vulnerability, or by the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. According to section 3(1) of the Trafficking in Persons Act any person who commits the offence of trafficking in persons shall be liable to imprisonment for a period of twenty years or to a fine of $250,000 or to both. Moreover, trafficking in persons below the age of 18 years constitute an aggravated offence with an additional five years of imprisonment added to the sentence (Part B of the Schedule to the Trafficking in Persons Act). It also notes that a “child” as per section 2 means a person below the age of 18 years.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee had previously observed the absence of provisions prohibiting the use, procuring or offering of a child for prostitution or pornography.

The Committee notes with interest that according to section 5(1) of the Trafficking in Persons Act, whoever knowingly transports or conspires to transport or attempts to transport or assists another person engaged in transporting any persons within the country for the purpose of prostitution commits an offence and shall be liable to imprisonment for a term of ten years or to a fine of $100,000 or to both. It also notes that as per section 2 of the Trafficking in Persons Act, the term “exploitation” includes among others, the prostitution of a person or engaging in any other form of commercial sexual exploitation, including but not limited to pimping, pandering, procuring, profiting from prostitution, maintaining a brothel and child pornography. According to section 2, “child pornography” means the audio or visual depiction of sexually explicit conduct involving a child whether made or produced by electronic, mechanical or other means, or embodied in a disc, tape, film or other device, electronically or otherwise, so as to be capable of being retrieved or reproduced there from, or any representation of the genitalia of a child, where the audio or visual depiction or representation lacks genuine literary, artistic, or scientific value.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Government has not provided any information on the provisions prohibiting the use, procuring or offering of children for the production and trafficking of drugs. The Committee reminds the Government that by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention each member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of chills labour as a matter of urgency. Therefore, the Committee once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions.

Articles 3(d) and 4(1). Hazardous work. The Committee previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance, 1966 (sections 3(f)–(g)) and the Employment of Women, Young Persons and Children Act, 1939 (sections 4–5) apply only to children below the age of 16 years. It noted the Government’s indication that it intended to engage the social partners to discuss and determine the list of types of hazardous work prohibited for children under 18 years and the consultation process was expected to be undertaken by the end of 2010. The Committee notes the Government’s indication that the consultation process did not take place as anticipated, but that this will be held in the near future, taking into account the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation No. 190. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to determine the list of types of hazardous work prohibited to children under 18 years of age, after consultation with the social partners, in conformity with Article 4(1) of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s information that the inspections conducted in various enterprises revealed that no children under the age of 16 years were working, although children between the ages of 16 and 18 were employed in light work in the area of customer services.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the statistical data provided by the Government on school enrolment rates. According to the data, during the year 2010–11, 3,404 children (1,756 boys and 1,648 girls) were enrolled at the primary level and 3,120 children (1,564 boys and 1,556 girls) were enrolled at the secondary level. The Committee notes that, according to the data from the UNESCO Institute for Statistics of 2009, the gross enrolment rate (GER) at the primary level was 96 per cent (95 per cent boys and 97 per cent girls), and the GER at the secondary level was 96 per cent (93 per cent boys and 100 per cent girls).

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. In its previous comments, the Committee noted that the Government, with the assistance of UNICEF, was in the process of preparing a draft child protection protocol which would outline the standard procedure for the protection of child victims of the worst forms of child labour. The Committee notes the Government’s information that the draft protocol is still in the consultative state and will be finalized and implemented thereafter. The Committee requests the Government to provide information with regard to the adoption and implementation of the protocol for the protection of the victims of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that statistical data on child labour are not currently available. However, the Government states that it will be able to provide such information after the 2011 Population Census. The Committee hopes that the Population Census will be completed soon and requests the Government to provide statistical information on the nature, extent and trends of the worst forms of child, in its next report. To the extent possible, the information provided should be disaggregated by age and sex.