UPDATE OF WORST FORMS OF CHILD LABOR INFORMATION

UNCLAS PORT OF SPAIN 001165

SIPDIS

SIPDIS

DEPT FOR DRL/IL--DANG, DOL FOR ILAB--MCCARTER

E.O. 12958: N/A
TAGS: EIND ELAB ETRD PHUM SOCI TD
SUBJECT: UPDATE OF WORST FORMS OF CHILD LABOR INFORMATION
FOR MANDATORY CONGRESSIONAL REPORTING REQUIREMENTS

REF: STATE 158223


1. (U) This cable contains updated information for required
reporting under the Trade and Development Act (TDA)
concerning child labor in Trinidad and Tobago (TT).


A. Laws and regulations proscribing the worst forms of child
labor:

The Government of Trinidad and Tobago (GOTT) has ratified ILO
Convention 138. However, plans to amend legislation to
comply with ILO convention 182 have not yet been realized
because the GOTT has not yet developed a list of occupations
considered to be the worst forms of child labor.

The Minimum Age for Admission to Employment Act of 2007 sets
the minimum age for employment in public and private
industries at 16. However, children aged 14 to 16 may work
in activities in which only family members are employed, or
that have been approved as vocational or technical training
by the Minister of Education. Children under 18 are
prohibited from working between the hours of 10 PM and 5 AM
except in a family enterprise or within other limited
exceptions. One such exception permits children from 16 to
18 to work at night in sugar factories (a dying industry).
Violation of these regulations is subject to fines. The
minimum age for military recruitment is 18.

There are no laws specifically prohibiting trafficking, but
the Sexual Offences Act prohibits procuring a minor under the
age of 16 for the purpose of prostitution. The penalty for
procurement is 15 years imprisonment. Trafficking may also
be prosecuted under laws addressing kidnapping, labor
conditions, procurement of sex, prostitution, slavery, and
indentured servitude. The use of children under 16 in
pornography is also prohibited.


B. Regulations for implementation and enforcement of
proscriptions against the worst forms of child labor:

The Ministry of Labor and Small and Micro-Enterprises and the
Social Services Delivery Unit in the Office of the Prime
Minister are responsible for enforcing child labor
provisions. In 2004, the GOTT created the National Steering
Committee on the Prevention and Elimination of Child Labour
in Trinidad and Tobago. The committee is tasked with
developing a national policy to eliminate all forms of child
labor. Its responsibilities include creating a plan of
action, reviewing and recommending legislation, and
inter-organizational coordination. Currently, there is only
a draft national policy on combating the worst forms of child
labor.

Central to the proposed national policy is the creation of a
Children's Authority, which will be tasked with the oversight
of the well being of all children in Trinidad and Tobago.
The Authority has the ultimate responsibility for receiving
child labor complaints, conducting investigations, enforcing
child labor regulations, and sheltering exploited children
temporarily. A Family Court is to work in conjunction with
the Authority to adjudicate legal cases, enforce child labor
provisions, and determine the disposition of exploited
children.

Penal sanctions for the employment of children are contained
in laws such as the Children's Act, Shipping Act, and
Occupational Safety and Health Act. Labor inspectors of the
Ministry of Labor are trained to identify cases of child
labor.


C. Social programs specifically designed to prevent and
withdraw children from the worst forms of child labor:

The Ministry of Education has a variety of programs to help
children stay in school and thus minimize the risk of child
labor. These include school guidance and counseling,
special education and inclusive education, a school social
work program, school transportation and nutrition programs,
and literacy remediation and alternative education programs.

The Ministry of National Security has a number of programs
that target "at risk" youths. These include the Civilian
Conservation Corps, Military-led Academic Training, and the
Military-led Youth Program of Apprenticeship and
Reorientation Training. These programs are incorporated
within the Specialized Youth Service Programs, and are
designed to enhance self-esteem, academic and life skills,
and civic-mindedness.


D. A comprehensive policy aimed at the elimination of the
worst forms of child labor:

In July 2004, a National Steering Committee for the
Prevention and Elimination of Child Labor was established.
The committee developed a draft National Policy for the
Prevention and Elimination of Child Labor in Trinidad and
Tobago. However, this policy has yet to be finalized.


E. Continual Progress toward eliminating the worst forms of
child labor:

Although current information on the incidence of child labor
is still not available, the Ministry of Labor and Small and
Micro-Enterprise provided post with statistics from 2005. A
rapid assessment study by the ILO indicated that an estimated
1.2% of children aged 5-14 are engaged in paid work. Less
than 1% participate in unpaid work for someone other than a
household member. UNICEF's 2000 Multiple Indicators Cluster
Survey of Trinidad and Tobago estimated that 4.1% of children
are engaged in paid work. Since 2000, though the local
economy has experienced an oil and gas-led boom that has
lowered overall unemployment and plausibly could also have
lessened the already low-level of child labor.

Education is compulsory up to the age of 12, and public
education is free for all elementary and secondary students
up to the age of 20. In addition, higher education is free
for nationals at public universities, as well as for approved
programs at private institutions. The Ministry of Education
estimated that 89% of school-age children attended school,
and most students achieved the equivalent of a high school
diploma. Many public schools failed to meet the needs of the
school-age population due to overcrowding, substandard
physical facilities, and occasional classroom violence. The
government committed resources to building new facilities and
expanded access to free secondary education.


AUSTIN