CHILD LABOR REPORT FOR TRININDAD AND TOBAGO

UNCLAS PORT OF SPAIN 000180

SENSITIVE
SIPDIS
DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY AND TINA MCCARTER
STATE FOR DRL/ILCSR SARAH MORGAN
STATE FOR G/TIP LUIS CDEBACA

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI TD
SUBJECT: CHILD LABOR REPORT FOR TRININDAD AND TOBAGO

REF: STATE 00131997; 09 PORT OF SPAIN 26


1. (SBU) This cable contains responses per ref A to 1/TVPRA and
2/TDA in order to provide updated information concerning child
labor in the Republic of Trinidad and Tobago (TT) as required under
the Trade and Development Act (TDA). We believe that the incidence
of children exploited for labor is not significant in TT and that
the government has tried to address any minimal lingering problems,
such as children working in the informal agriculture sector or in
domestic employment, even as the labor inspections unit appears
overtaxed and understaffed.




2. (SBU)TASKING 1/TVPRA



1A) GOOD: None.



1B) TYPE OF EXPLOITATION FOUND IN THE PRODUCTION OF THE GOOD:



None.



1C) SOURCES OF INFORMATION AND YEARS:



Interviews by conducted by Post of GOTT officials and local NGO's,
and a review of press and publicly available documentation covering
calendar year 2009.



1D) NARRATIVE DESCRIPTION:



There is no known use of forced or exploitive labor to produce
goods in TT.



1E) PREVALENCE: None.




3. (SBU) TASKING 2/TDA



2A) PREVALENCE AND SECTORAL DISTRIBUTION OF EXPLOITIVE CHILD LABOR




1. In what sectors (not related to the production of goods) were
children involved in exploitive labor (such as domestic service,
street vending, and/or child prostitution)?



There was no significant evidence of children involved in
exploitive labor in TT, but it is believed that some children were
engaged in the informal agriculture sector and as domestic workers
in capacities contrary to national law. A representative from the
Ministry of Labor commented that most instances of child labor are
the result of underlying social problems such as poverty,
homelessness, and a lack of guardians.




2. Posts are requested to determine if the government collected or
published data on exploitive child labor during the period, and if
so, whether the government would provide the data set to DOL for
further analysis.

The government did not collect data on exploitive child labor
during the reporting period.



2B) LAWS AND REGULATIONS




1. What new laws or regulations were enacted in regard to
exploitive child labor over the past year? If applicable, were the
changes improvements in the legal and regulatory framework?



The government did not pass any new laws or regulations regarding
exploitive child labor during the reporting period.




2. Was the country/territory's legal and regulatory framework
adequate for addressing exploitive child labor? Examples of
indicators of an inadequate framework include instances in which
children have been found working in hazardous conditions, but the
sector in which they were working is exempted from minimum age
laws; cases in which boys are being exploited as prostitutes, but
the law only prohibits female prostitution; or cases in which there
are prohibitions against exploitive child labor, but penalties are
too weak to serve as deterrents.



TT's legal and regulatory framework is relatively extensive
regarding the protection of children against exploitive labor.
Children under the age of 14 are allowed to work only in family
businesses, and it is a crime to employ any child under the age of

12. Minors between the ages of 16 and 18 are allowed to work at
night only in very limited circumstances historically linked to the
sugar industry, which has all but disappeared in Trinidad and
Tobago.



The Minimum Age Act of 2007 updated worker recruitment regulations
to limit the recruitment for employment of minors between the ages
of 14 and 18.



The Sexual Offences Act protects children from all forms of sexual
abuse including being exploited as prostitutes or being present in
brothels. Other laws protect children from hazardous conditions by
holding adults criminally liable for placing children in certain
dangerous circumstances and for inducing or allowing children to
beg or perform for money on the street.





2C) INSTITUTIONS AND MECHANISMS FOR ENFORCEMENT




1. What agency or agencies was/were responsible for the enforcement
of laws relating to hazardous child/forced child labor?



The Ministry of Labor and Small and Micro-Enterprise, through the
Occupational Safety and Health Authority, is responsible for
matters relating to hazardous child labor. The Ministry of Labor
and Small and Micro-Enterprise and the Ministry of Social
Development are responsible for enforcing laws relating to forced
child labor.




2. If multiple agencies were responsible for enforcement, were
there mechanisms for exchanging information? Assess their
effectiveness.

Complicated procedural bureaucracies and overtaxed agencies slow or
impede investigations.




3. Did the country/territory maintain a mechanism for making
complaints about hazardous and forced child labor
violations? If so, how many complaints were received in the
reporting period?



The Ministry of Labor and Small and Micro-Enterprise oversees a
mechanism to take and investigate complaints about hazardous and
forced child labor violations and to sanction employers of
children. There were no complaints during the reporting period.




4. What amount of funding was provided to agencies responsible for
inspections? Was this amount adequate? Did inspectors have
sufficient office facilities, transportation, fuel, and other
necessities to carry out inspections?



The Ministry of Labor and Small and Micro-Enterprise received a
general budgetary allocation for daily operations of all
labor-related inspections, and thus, we cannot judge the
effectiveness of recurrent expenditures specifically for child
labor cases. Additionally, some USD 83,000 was granted to the Labor
Inspectorate Unit for public awareness campaigns and training of
inspectors on child labor issues. The Cipriani Labor College
provided training to improve the efficiency of inspectors in
detecting instances of child labor.




5. How many inspectors did the government employ? Was the number
of inspectors adequate?



The Labor Inspectorate Unit employed 19 inspectors for all
labor-related investigations. The Unit tried to address child labor
issues through its overall enforcement efforts and through
informational booklets that highlight the legal requirements for
employment, employers' obligations, and breaches associated with
child labor.




6. How many inspections involving child labor were carried out? If
possible, please provide breakdown of complaint-driven versus
random, government-initiated inspections. Were inspections carried
out in sectors in which children work? Was the number of
inspections adequate?



During the reporting period, 1,236 labor-related inspections were
conducted across all sectors of the economy, including an
unrecorded number of child labor complaints, but no child labor
cases were identified.




7. How many children were removed/assisted as a result of
inspections? Were these children actually provided or
referred for services as a result (as opposed to simply fired)?



During the reporting period no child labor investigations resulted
in fines, penalties, or convictions.




8. How many child labor cases or "prosecutions" were opened?



None.


9. How many child labor cases were closed or resolved?



None.




10. How many violations were found or "convictions" reached?



None.




11. What is the average length of time it took to resolve child
labor cases?



No cases have been indentified to determine the length of time
needed to resolve child labor cases.




12. In cases in which violations were found, were penalties
actually applied, either through fines paid or jail sentence
served? Did such sentences meet penalties established in the law?



No cases found.




13. Did the experience regarding questions 7 through 10 above
reflect a commitment to combat exploitive child labor?



Yes. The government seems committed to combating exploitive child
labor even if its labor inspection services are generally
overburdened and under-resourced, and government agents are
confident that there is very little exploitive child labor taking
place in the country.




14. Did government offer any training for investigators or others
responsible for enforcement? If so, what (if any)
impact have these trainings had?



Yes, training is ongoing. Several informational booklets were
distributed as a guide for both employers and employees regarding
rights and responsibilities including laws governing child labor.
Also, inspectors were trained on the prosecutorial process. Other
training was conducted by the Cipriani Labor College and the
International Organization for Migration (IOM) also conducted
training on forced child labor.



2D) INSTITUTIONAL MECHANISMS FOR EFFECTIVE ENFORCEMENT




1. Did the country/territory have agencies or personnel dedicated
to enforcement of child trafficking/CSEC/use of
children in illicit activities?



In July, the Ministry of National Security established a
Multi-Agency Task Force to implement a nine-month plan to prevent
trafficking in Trinidad and Tobago. The Task force is responsible
for implementing and systematizing a referral process to identify
and assist victims, establishing a hotline to field calls
pertaining to trafficking and to conduct a nation-wide information
campaign using IOM materials. The Task Force consists of the
Ministry of National Security, the Ministry of Foreign Affairs, the

Ministry of Community Development, the Ministry of Social
Development, the Office of the Attorney General, the Ministry of
Labor, the Ministry of Health, non-governmental and faith-based
organizations, and the IOM.




2. How many investigators/social workers/dedicated police officers
did the government employ to conduct investigations? If there were
no dedicated agencies or personnel, provide an estimate of the
number of people who were responsible for such investigations. Was
the number of investigators adequate?



The government has not dedicated personnel specifically to conduct
child labor or exploitation investigations.




3. How much funding was provided to agencies responsible for
investigating child trafficking/CSEC/use of children in illicit
activities? Was this amount adequate? Did investigators have
sufficient office facilities, transportation, fuel, and other
necessities to carry out investigations?



Funding for such activities was not disaggregated from overall law
enforcement and labor inspection budgets; thus, it is difficult to
judge the adequacy of such funding.




4. Did the country/territory maintain a hotline or other mechanism
for reporting child trafficking/CSEC/use of
children in illicit activities violations? If so, how many
complaints were received in the reporting period?



The Multi-Agency Task Force has not established a hotline for
reporting cases of child trafficking. The NGO Coalition Against
Domestic Violence, however, established a Child-Line so that
children in distress have an avenue to access help and support.
The coalition did not report the number of calls it received.




5. How many investigations were opened in regard to child
trafficking/CSEC/use of children in illicit activities?
Was the number of investigations adequate?



No cases were opened.




6. How many children were rescued as a result?



No children were rescued during the reporting period.




7. How many arrests were made or other kinds of prosecutions
carried out?



None.




8. How many cases were closed or resolved?

None.




9. How many convictions?

None.




10. Did sentences imposed meet standards established in the legal
framework?



N/A




11. Were sentences imposed actually served?



N/A




12. What is the average length of time it takes to resolve cases of
child trafficking/CSEC/use of children in illicit activities?



No cases opened.




13. Did the government offer any training for investigators or
others responsible for enforcement of child trafficking/ CSEC/use
of children in illicit activities? If so, what was the impact (if
any) of these trainings?



We are not aware of specific training programs in these areas in
calendar year 2009, but more than 400 government officers in
various agencies received training to detect and investigate
potential human-trafficking in 2007 and 2008, the skills from which
they were expected to be deployed in 2009.




14. If the country/territory experienced armed conflict during the
reporting period or in the recent past involving the use of child
soldiers, what actions were taken to penalize those responsible?
Were these actions adequate or meaningful given the situation?



TT experienced no armed conflict during the reporting period.



2E) GOVERNMENT POLICIES ON CHILD LABOR




1. Did the government have a policy or plan that specifically
addresses exploitive child labor? Please describe. (Please note
that DOL will not consider anti-poverty, education or other general
child welfare policies to be addressing exploitive child labor
unless they have a child labor component.)



Yes. Part of the Ministry of Social Development's National Plan of
Action for Children (2006-2010) specifically addresses the issue of
exploitive child labor.




2. Did the country/territory incorporate exploitive child labor
specifically as an issue to be addressed in poverty reduction,
development, educational or other social policies, such as Poverty
Reduction Strategy Papers, etc?
Please describe.



The Public Sector Investment Program was granted funding for a
period covering 2009 and 2010. The program is designed to create a

comprehensive public awareness campaign focusing on Child Labor
using data collected from a survey of youth aged 5 - 18. The data
from the survey will also inform the creation of a National Plan of
Action on Child Labor.




3. Did the government provide funding to the plans described above?
Please describe the amount and whether it
was sufficient to carry out the planned activities.



The Public Sector Investment Program was given roughly USD 167,000.




4. Did the government provide non-monetary support to child labor
plans? Please describe.



The Ministry of Labor and Small and Micro Enterprise participated
in the ILO's World Day Against Child Labor and engaged the media to
share information and raise awareness.




5. Provide any additional information about the status and
effectiveness of the government's policies or plans
during the reporting period in regard to exploitive child labor.



None.




6. Did the government participate in any commissions or task forces
regarding exploitive child labor? Was the
commission active and/or effective?



Nothing of note.



7. Did the government sign a bilateral, regional or international
agreement to combat trafficking?



No.


2F) SOCIAL PROGRAMS TO ELIMINATE OR PREVENT CHILD LABOR:




1. Did the government implement any programs specifically to

address the worst forms of child labor? Please describe. (Please
note that DOL will not consider anti-poverty, education or other
general child welfare programs to be addressing exploitive child
labor unless they have a child labor component.)



No.




2. Did the country/territory incorporate child labor specifically
as an issue to be addressed in poverty reduction, development,
educational or other social programs, such as conditional cash
transfer programs or eligibility for school meals, etc? Please
describe.



Yes, the 2006 - 2010 National Plan of Action specifically addresses
child labor and its relationship to poverty. The plan determined
that children living in poverty could be exploited in the
workplace.


3. Did the government provide funding to the programs described
above? Please describe amount and whether it was sufficient to
carry out the planned activities.



The Ministry of Social Development and the Ministry of Education
both received general budgetary allocations from which specific
programming in this area is not easily defined.




4. Did the government provide non-monetary support to child labor
programs? Please describe.



The Ministry of Labor and Small and Micro Enterprise Development
contracted with an NGO to provide intervention, rehabilitation, and
reintegration services to children who scavenged at landfills.



5. Provide any additional information about the status and
effectiveness of the government's activities during the
reporting period in relation to the programs described above. If
the programs involved government provision of social services to
children at risk of or involved in exploitive child labor, please
describe and assess the effectiveness of these services.



The government established the Children's Authority which is headed
by a former Justice. The organization's mission is to protect
children and prevent their exploitation.




6. If the government signed one or more bilateral, regional or
international agreement/s to combat trafficking, what steps did it
take to implement such agreement/s? Did the agreement/s result in
tangible improvements? If so, please describe.



None.



2G) CONTINUAL PROGRESS:



1. Considering the information provided to the questions above,
please provide an assessment of whether, overall, the government
made progress in regard to combating exploitive child labor during
the reporting period. In making this assessment, please indicate
whether there has been an increase or decrease from previous years
in inspections/investigations, prosecutions, and convictions;
funding for child labor elimination policies and programs; and any
other relevant indicators of government commitment.



The government perceives what it describes as a low incidence of
exploitive child labor practices in Trinidad and Tobago as a
symptom of social problems stemming from poverty, and intervenes
through limited inspections/investigations, awareness campaigns,
and social programs to keep vulnerable youth off of the streets.



Government representatives recognize that some children are
involved in the sex trade and also scavenge for re-sellable items
in landfills, however there is no tracking system to determine the
actual number of children at risk, estimated to be quite small.
Media and business leaders agree that this number is minimal.
Children housed in the three youth-focused homeless shelters,
nonetheless, share stories of participating in such activities.



While children are not widely used as labor by formal companies,
the government also recognizes that some children sell goods on the
informal market and may perform domestic services to support
themselves. The government points to a lack of human resources and

social programming as challenges to address the conditions that
allow for exploitive practices, but insists it is actively working
to improve the situation.
Kusnitz