JAMAICA: CHILD LABOR INFORMATION FOR TRADE AND DEVELOPMENT

UNCLAS KINGSTON 000071


STATE FOR WHA/CAR
DOL/ILAB FOR TINA MCCARTER
DRL/IL FOR TU DANG

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI JM XL
SUBJECT: JAMAICA: CHILD LABOR INFORMATION FOR TRADE AND DEVELOPMENT
ACT

REF: 08STATE127448


1. Summary: This cable answers questions from reftel and outlines
Jamaica's progress on eliminating the worst forms of child labor.
During the reporting period, the Jamaican government trained fifty
police officers on child labor/exploitation issues. In addition,
the Department of Public Prosecutions convicted two persons of
trafficking in persons for trying to force a fourteen year-old girl
into prostitution. Four others await trial on trafficking charges
under Jamaica's 2007 comprehensive anti-trafficking law. End
summary.


2. Jamaican law does not permit children under age 13 to work.
Children aged 13-15 may engage in "light work." Children aged 15 to
18 may work provided that the employment is not hazardous and does
not interfere with the child's education, cause harm to the health,
or impair physical, mental, spiritual, or social development.
Children may not be employed in night work (taking place between
10pm and 5am) or industrial undertakings such as mining,
manufacturing, or construction works.


3. The only exception to the child labor laws permits children to
participate in artistic or musical performances with a permit from
the Labor Ministry, which can set out conditions of employment.


4. The penalty for employing children contrary to child labor laws
carries a maximum fine of J$250,000 (about USD 3,500) or 3 months of
imprisonment with hard labor.


5. Jamaica's minimum age for military recruitment and/or involvement
in armed conflict is eighteen years; those aged seventeen and six
months are permitted to volunteer and participate in military
training only with parental consent. Those under eighteen are not
certified to serve on active military duty.


6. Children may not be employed in night clubs or at any
establishment that sells or serves liquor or tobacco products. The
law also prohibits using children for an indecent or immoral
purpose, or to knowingly rent or allow one's premises to be used for
such purposes. Legal penalties for convicted perpetrators include a
maximum fine of one million Jamaican dollars (equivalent to USD
11,000),or one year of imprisonment and a revocation of a business
operating license.


7. The Ministry of Labor maintains a draft list of occupations in
which children can never be employed. These include fishing at sea,
handling insecticides, operating heavy-duty equipment, or
participating in the production of pornography. These prohibitions
supplement the 2004 Child Care and Protection Act. Persons who
violate that law can be imprisoned for up to six months with hard
labor, and/or pay a fine of up to 500,000 Jamaican dollars
(equivalent to USD 5800).


8. In 2007, the government passed comprehensive anti-trafficking
legislation which specifically prohibits the trafficking of children
for labor or commercial sexual exploitation. Penalties include
fines and up to 10 years of imprisonment.


9. In the current (2009) legislative session, the Jamaican
parliament is due to debate a new Occupational Health and Safety Act
which would codify the Labor Ministry's list of prohibited work.
The new act also raises the penalty for violating the prohibition to
a maximum of one million Jamaican dollars, or USD 11,000.


10. The government's Office of Health and Safety (OHS) has twenty
labor inspectors and receives additional support from the labor
ministry. According the child labor unit at the Labor Ministry,
through September 2008, the OHS conducted 559 inspections, including
116 building inspections and inspections of port areas such as docks
and ships. Inspectors did not find any incidents of child labor in
any of their investigations.


11. The Child Development Agency (CDA) coordinated presentations at
the Police Training Academy to alert police to issues of child labor
and exploitation, and 50 officers were trained during the reporting
period. CDA field officers also conducted training sessions in
different parts of the country. In addition, a British consultant
from a UK child protection agency conducted an audit on Jamaica's
system. The consultant focused on reducing secondary victimization
of children who suffered sexual abuse. The consultant worked with
Centre for Investigation of Sexual Offences and Child Abuse (CISOCA)
and helped create guidelines for police investigations in such
cases.


12. The Ministry of Labour and Social Security runs a cash transfer
program as part of its Program for Advancement through Health and
Education (PATH). During the reporting period, the Ministry
expanded the program to allow more families to participate. In
order to be eligible, children must maintain an 85 percent
attendance rate at school. At the primary school level, boys in the
program had a compliance rate of 88 percent and girls of 90 percent.
At the secondary school level, the compliance rate was 80 percent
for boys and 85 percent for girls.


13. The Office of the Children's Registry, created by Parliament
under the 2004 Child Care and Protection Act, is now fully
functional. It runs a hotline for people to report suspicions of
child abuse, including the use of child labor or suspicions of child
trafficking. The hotline has expanded its hours from 8 to 16 hours
per day, 7 days a week.


14. The Ministry of Education, Youth, and Culture is responsible for
implementation of the government's programs for children. In 2007
the government established an Office of the Children's Advocate
(OCA). The office has broad responsibilities for reviewing laws,
policies, practices, and government services affecting children;
providing legal services and investigating complaints against the
government; and publishing reports and issuing best practice
guidelines concerning the rights or best interests of children.
During the reporting period, the OCA intervened to have 15 students
reinstated in schools, assigned lawyers to represent children in 54
court cases, and successfully sought bail for 22 minors accused of
committing crimes.


15. Within Labor Ministry, there is a Child Labor Unit that has been
functioning since the year 2000. Currently, the unit has two full
time employees and one ancillary staff member. The Labor Ministry
has made further budget allocations and advertised further positions
in the unit; by April 2009, there should be nine full-time staff
members working there. They will focus primarily on drafting
legislation and researching child labor issues.


16. The government concluded preparatory work (including
construction) to establish a shelter to house victims of child
trafficking, and the shelter is due to open in early 2009.


17. In December 2007, the state successfully prosecuted two persons
accused of attempting to get a 14-year old girl involved in
prostitution. Four other persons are awaiting trial on charges under
the 2007 Trafficking in Persons Act.


18. Children who worked usually did so on plantations or farms, or
in gardens, shops, and markets. Some children were involved in
selling goods or services or begging. There were some reports of
children engaged in prostitution, especially in tourist areas. Law
enforcement authorities were able to use both the 2004 Child
Protection Act and the 2007 Trafficking in Persons Act to prosecute
persons involved in child trafficking. In addition, the police
anti-TIP unit monitored some bars and clubs to make sure children
were not being employed or exploited in those venues.

Heg