Selected Child Labor Measures Adopted by Governments
| Ratified ILO Convention 138 10/13/2003 |
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| Ratified ILO Convention 182 10/13/2003 |
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| ILO-IPEC Member |
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| National Plan for Children |
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| National Child Labor Action Plan |
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| Sector Action Plan |
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Incidence and Nature of Child Labor
The Statistical Institute of Jamaica estimated that 2.2 percent of children ages 5 to 17 years were working in Jamaica in 2002.[2151] While child labor is not reported to be a significant problem in Jamaica’s formal sector,[2152] children are found working in certain sectors, notably fishing, agriculture, and tourism.[2153] More than 2,800 children live on the streets,[2154] and are engaged in work such as newspaper delivery, vending, and domestic service.[2155] Children also work as shop assistants in carpentry and mechanic shops.[2156] In tourist towns, children are reported to work in kitchens, hotels, and recreational and cultural activities.[2157]
A 2001 study funded by ILO-IPEC found that children as young as 10 years old are sexually exploited and engaged in prostitution, catering to tourists.[2158] Young girls are hired by “go-go” clubs or massage parlors.[2159] Children are trafficked internally for sexual exploitation and pornography.[2160]
Under the Education Act, school is compulsory for children from ages 6 to 12.[2161] In 2001, the gross primary enrollment rate was 100.5 percent, and the net primary enrollment rate was 95.2 percent.[2162] Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance. Approximately 80 percent of primary and 77 percent of secondary school enrollees attended school five days per week.[2163] Despite high enrollment rates, many Jamaican children fail to attend primary school regularly.[2164] One cause of irregular attendance is families’ inability to pay school fees.[2165] Although schooling is free at the primary level, reports indicate that some local schools and parent teacher organizations still collect fees.[2166] Other reports attribute low school attendance to the lack of relevant curricula, the lack of space in schools (especially at the secondary level), and the low quality of instruction.[2167]
Child Labor Laws and Enforcement
The Child Care and Protection Act of 2004 prohibits the employment of any child under the age of 13. Children ages 13 to 15 years are limited to work in a prescribed list of occupations, as maintained by the Minister of Labor. However, night work, industrial work, and work that is hazardous or interferes with education is prohibited.[2168] Forced labor is not specifically banned.[2169] The Criminal Code prohibits procuring a girl under 18 years of age for the purposes of prostitution. Acts of prostitution that involve girls under the age of 18 are punishable by up to 3 years imprisonment.[2170] There is limited information available on prosecutions or convictions for offenses related to prostitution, but it is reported that since fines have not kept pace with the depreciation in the exchange rate, judges often impose criminal penalties in lieu of fines.[2171]
The Criminal Code prohibits procuring a woman or girl to leave the island for work in prostitution.[2172] The Child Care and Protection Act of 2004 prohibits the sale or trafficking of any child; however, the term “trafficking” is not defined, resulting in difficulty enforcing the statute.[2173] Assault, immigration, or customs laws may also be applied to prosecute cases of child trafficking.[2174]
Inspectors from the Children’s Services Division within the Ministry of Labor are responsible for enforcing child labor laws, and have the authority, along with other government agencies and programs, to provide working children with counseling or support services.[2175] Under the Juveniles Act, child labor violators can be subject to a fine of JMD 67 (USD 1.10) or 3 months imprisonment.[2176] Enforcement of child labor laws in the informal sector is reported to be inconsistent.[2177] There are approximately 30 labor and occupational safety and health inspectors nationwide.[2178]
Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 2004, the Government of Jamaica in cooperation with ILO-IPEC concluded a 3-year USDOL-funded national program on child labor.[2179] The National Steering Committee for the Protection of Children, in conjunction with the ILO-IPEC program, is in the process of collecting information and coordinating an approach to address the child labor problem.[2180] The government is also providing support to NGOs that are working on child labor issues.[2181]
The Ministry of Education has instituted a cost-sharing program to help parents pay school fees at the secondary level.[2182] The government and the World Bank continue to implement a Social Safety Net Program, which includes a child assistance component that provides grants to at-risk families in order to keep children in school.[2183] The IDB and USAID are funding programs to improve the quality of primary education, and another World Bank initiative is focusing on reforms to secondary education.[2184]
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