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Summary: This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the ILOLEX database (http://www.ilo.org/ilolex/english/) and click on ‘display all documents related to a specific country’.
________________________________________ CEACR: Individual Direct Request concerning Minimum Age Convention, 1973 (No. 138) Barbados (ratification: 2000) Submitted: 2011 In its 2011 report the ILO raised several areas of concern that remain outstanding due to Barbados's failure to submit a report in 2011. Numerous points were originally raised in the ILO's 2010 request to the Government of Barbados, most notably in the area of national policy. Article 1 of the Convention. National policy The Committee previously requested the Government to provide information on the national policy measures designed to effectively reduce and eliminate child labour. Furthermore, it brought the information contained in a 2005 report entitled “A review of child labour laws of Barbados - A guide to legislative reform”, to the attention of the Government. The report notes that although Barbados has sound national policies in areas connected with child labour, such as education, childcare protection, welfare, social security and labour, the government has not yet developed a comprehensive policy framework to address the elimination of child labour. ________________________________________ CEACR: Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Barbados (ratification: 2000) Submitted: 2011 In its 2011 report the ILO raised several areas of concern that remain outstanding due to Barbados's failure to submit a report in 2011. Numerous points were originally raised in the ILO's 2010 request to the Government of Barbados, however of particular concern was: Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that there appear to be no legal provisions in Barbados that specifically prohibit trafficking in children. Moreover, the Committee noted the Exploratory Assessment of Trafficking in Persons in the Caribbean Region issued by the International Organisation for Migration in 2005 found that some level of human trafficking existed in Barbados for the purpose of sexual exploitation and domestic servitude (page 57 of the report). The Committee once again brought to the Government's attention that, under Article 3(a) of the Convention, the trafficking of children under the age of 18 constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. As requested by the ILO the Government provided a list of the types of hazardous work prohibited to be undertaken by children: - Work in construction and welding where stringent health and safety guidelines are not followed. - Work underground, underwater, at dangerous heights or in confined spaces. - Work involving the use of dangerous chemicals. - Work in the agricultural sector which exposes children to dangerous conditions. - Work with dangerous machinery, equipment, and tools or work that involves the manual handling or transport of heavy loads. - Work in the information/communications sector where ergonomic practices are non-existent or below the required standard. - Work such as commercial sexual exploitation which exposes children to physical, psychological or sexual abuse. However, it remains unclear if any legislation or regulations indicate what penalties exist for employers found to be employing minors in these prohibited types of work. In its previous comments, the Committee noted that the Barbados Workers’ Union expressed concern that persons under the age of 18 years are being abused within the definition of the worst forms of child labour in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drug trade, and that the union considers that the inspection and monitoring systems should be strengthened and empowered to prosecute where there is evidence that minors are being procured for illicit activities. According to the ILO's, “Rapid assessment on the situation of children in the worst forms of child labour in a tourism economy” (December 2002), despite the strong policy and legal framework, monitoring strategies are inadequate, and the establishment of a centralised database of reports across related sectors such as education, health, social services and probation, the police and justice system could provide better surveillance. Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching to children at special risk. Victims of trafficking The Committee noted the statement in the International Organisation for Migration report that “there are presently no alternatives for dealing with possible victims of trafficking other than deportation, whereas there should be provisions in place for their immediate protection and voluntary return. The present system further victimises the victim” (page 54). Consequently, the Committee requests the Government to provide information on effective and time-bound measures taken to address the situation of children who have been the victims of trafficking, including measures to send such children to rehabilitation programmes. Parts IV and V of the report form. Practical application of the Convention In its previous comments, the Committee noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. It also noted the Government’s indication that, at this stage, Barbados is applying the Convention in a general way because of the lack of research data. The Committee noted the Government’s information that the worst forms of child labour relate to the sexual exploitation of children, and that it is difficult to respond to queries about the commercial sexual exploitation of children since the Ministry of Labour and Social Security has to be informed by solid research, which is lacking. The Committee noted that budgetary constraints have not enabled the Ministry to embark on this research. The Committee again noted the Government’s indication that a large scale research project is required to determine the extent of the phenomenon of child labour, but that the Ministry of Labour has not yet been able to secure funds for such research. The Committee noted the Government’s statement that it decided that a common survey instrument should be adopted by the various agencies whose work related to the elimination of the worst forms of child labour, as there was a lack of administrative records on the matter. The Committee noted that a survey was finalised in late 2006, and that according to the various social agencies that have used the survey form, little information has been revealed. The Committee requests the Government to provide information on the findings of this survey once further data is collected.