Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Caribbean Part of the Netherlands

The Committee takes note of the Government’s first report.

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. The Committee notes the Government’s indication that section 286(f)(1)(2) of the BES Criminal Code prohibits and defines child trafficking as the recruitment, transportation, transfer, harbouring or receipt of a child (a person below the age of 18 years) for the purpose of exploitation. A person guilty of such an offence shall be punishable of imprisonment of up to 12 years. The Committee requests the Government to provide information on any investigations and prosecutions carried out and sanctions imposed for offences relating to the trafficking of children under section 286(f)(1)(2) of the BES Criminal Code.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Prostitution. The Committee notes the Government’s statement that the use, recruitment or offering of a child under 18 years old for prostitution is prohibited. However, the Committee notes that section 256(a) of the BES Criminal Code, appears to prohibit only the use of a child for prostitution, and not the recruitment or offering of a child for such purpose: “Anyone who commits fornication with someone who makes himself available to perform sexual acts with a third party for payment and who has reached the age of sixteen but not yet the age of eighteen, shall be punished with a prison sentence of not more than six years or fine of the fourth category”. The Committee requests the Government to provide information on: (i) the measures taken or envisaged to ensure that procuring or offering a child under the age of 18 years for prostitution is prohibited; and (ii) the application in practice of section 256(a) of the BES Criminal Code with regard to the use of a child for prostitution, including on the number and nature of violations and the penalties applied.

Pornography. The Committee notes that, under section 246bis of the BES Criminal Code, the use, recruitment or offering of a child under 18 years of age for the production of pornographic material or pornographic performances is prohibited and punishable of imprisonment for up to 4 years. The Committee requests the Government to provide information on the application in practice of section 246bis of the Criminal Code with regard to the use, procuring or offering of a child under the age of 18 years for the production of pornographic material or pornographic performances, including on any investigations and prosecutions carried out and sanctions imposed.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs. The Committee notes the Government’s general statement that children have a right to be protected from illegal drug use, drug abuse, and drug trafficking and that it shall take measures to ensure that children are not used in the manufacture or trafficking of drugs. The Committee requests the Government to provide information on the measures taken to ensure that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs is prohibited.

Articles 3(d) and 4. Hazardous work and determination of types of hazardous work. The Committee notes that section 21 of the BES Labour Law 2000: (1) prohibits the engagement of children under the age of 18 years in hazardous work; and (2) an order shall determine which work must be classified as dangerous works. The Committee further notes the Government’s indication that, in accordance with section 21(2) of the Labour Law, the Employment Decree for Youths BES was adopted in 2010, containing a comprehensive list of hazardous types of work prohibited to young persons under 18 years of age.

Article 5. Monitoring mechanisms. The Committee notes Government’s general indication that the Labour Inspectorate plays a key role in the compliance of child labour laws. The Committee requests the Government to provide more specific information on the role and activities of the Labour Inspectorate and the police in detecting and combating the worst forms of child labour.

Article 6. Programmes of action. The Committee notes the Government’s information that no new programme of action was adopted since the ratification of the Convention, as it was already engaged in combating the worst forms of child labour. More specifically, the Government indicates that: (1) the education system ensures that children remain in school until the end of their compulsory schooling; and (2) the social security system provides sufficient assistance to families to prevent children from being forced to work out of necessity instead of being in school. The Committee requests the Government to continue to provide information on any further measures taken or envisaged to adopt and implement programmes of action for the prevention of the worst forms of child labour.

Article 7. Designation of competent authority. The Committee requests the Government to indicate the competent authority responsible for the implementation of the provisions giving effect to the Convention.

Application of the Convention in practice. The Committee notes that the Government refers to the 2022 Annual Youth Monitor Report, which indicates that, in 2020, 41.3 per cent of young persons aged 15 to 25-year-olds in the Caribbean Netherlands had paid work. However, it notes that this information does not relate to the worst forms of child labour. The Committee therefore requests the Government to provide any available information on the nature, extent and trends of the worst forms of child labour.