Findings on the Worst Forms of Child Labor - Anguilla

2014 Findings on the Worst Forms of Child Labor:

Anguilla

Minimal Advancement

In 2014, Anguilla made a minimal advancement in efforts to eliminate the worst forms of child labor. During the reporting period, the Government participated in the Child Safeguarding in the Overseas Territories Regional Project, a project designed by the United Kingdom's Department for International Development and UNICEF to increase the Government's capacity to address child protection issues. The Government also signed the Inter-Agency Child Protection Protocol to facilitate interagency collaboration on child protection issues. However, although the problem does not appear to be widespread, children in Anguilla are engaged in the worst forms of child labor, specifically in commercial sexual exploitation. The law in Anguilla does not appear to prohibit children ages 14 to 18 from engaging in dangerous work or provide a comprehensive list of hazardous occupations prohibited to children. The Government also lacks a developed framework and targeted programs that address the commercial sexual exploitation of children.

 

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Although the problem does not appear to be widespread, children in Anguilla are engaged in the worst forms of child labor, specifically in commercial sexual exploitation.(1, 2) Table 1 provides key indicators on children's work and education in Anguilla. Data on some of these indicators are not available from the sources used in this report.

Table 1. Statistics on Children's Work and Education

Working children, ages 5 to 14:

Unavailable

School attendance, ages 5 to 14 (%):

Unavailable

Children combining work and school, ages 7 to 14 (%):

Unavailable

Primary completion rate (%):

78.7

Source for primary completion rate: Data from 2008, published by UNESCO Institute for Statistics, 2015.(3
Data were unavailable from Understanding Children's Work Project's analysis, 2015.(4)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation* (1, 2, 5, 6)

* Evidence of this activity is limited and/or the extent of the problem is unknown.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Some children reportedly perform sex acts in exchange for money and gifts. Evidence suggests that in some cases these transactions may occur with the knowledge, consent, or initiation of the child's parent.(5) Research has found no evidence that the Government of Anguilla collects or disseminates information regarding the prevalence and nature of the commercial sexual exploitation of children and other worst forms of child labor.

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British Overseas Territories (OTs) are territories under the jurisdiction and sovereignty of the United Kingdom (UK), but they do not form part of the UK. They are self-governing, except in the areas of foreign affairs and defense. Domestic UK law does not generally apply to OTs, unless explicitly extended.

The following convention has been extended to Anguilla (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

 

ILO C. 182, Worst Forms of Child Labor

 

UN CRC

UN CRC Optional Protocol on Armed Conflict

 

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

 

Palermo Protocol on Trafficking in Persons

 

The Government has established laws and regulations related to child labor, including its worst forms (Table 4).

Table 4. Laws and Regulations Related to Child Labor

Standard

Yes/No

Age

Related Legislation

Minimum Age for Work

Yes

14

Articles 1 and 3-4 of the Employment of Women, Young Persons and Children Act; Articles 1-2 of the Employment of Children (Restriction) Act (7, 8)

Minimum Age for Hazardous Work

Yes

14

Articles 1 and 3-4 of the Employment of Women, Young Persons and Children Act; Articles 1-2 of the Employment of Children (Restriction) Act (7, 8)

Prohibition of Hazardous Occupations or Activities for Children

No

 

 

Prohibition of Forced Labor

Yes

 

Article 4 of the Constitution (9)

Prohibition of Child Trafficking

Yes

 

Articles 147-148 and 152-153 of the Criminal Code (10)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 147-148 and 150 of the Criminal Code (10)

Prohibition of Using Children in Illicit Activities

No

 

 

Minimum Age for Compulsory Military Recruitment

N/A*

 

 

Minimum Age for Voluntary Military Service

Combat: Yes

18

Article 328 UK Armed Forces Act 2006 (11)

Non-Combat: Yes

16

Compulsory Education Age

Yes

17

Article 117 of the Education Act (12)

Free Public Education

Yes

 

Article 106 of the Education Act (12)

* No conscription.

Article 3 of the Employment of Women, Young Persons and Children Act prohibits children under age 14 from working in industrial undertakings such as mining, manufacturing, and construction. Article 2 of the Employment of Children (Restriction) Act prohibits children under age 14 from engaging in any occupation that is likely to be injurious to their health or safety.(7, 8) However, Anguillan law does not appear to provide protections against dangerous work for children ages 14 to 18. Research could also not determine whether Anguilla has a comprehensive list of hazardous occupations prohibited to children.

In 2012, the Government received UNICEF funding to begin drafting legislation that would strengthen protections against child abuse.(13) However, research indicates that this legislation has not yet been completed. In addition, research could not determine the extent to which it addresses the commercial sexual exploitation of children.(14, 15) Research could also not determine whether Anguillan law prohibits the use of children in illicit activities, such as drug trafficking.

The UK Government has introduced systems to track ages and locations of individual soldiers, with the aim of preventing under-18s from being deployed into hostilities. Deployment of members of the armed forces who have not yet reached 18 years is permitted when there is a genuine need and the situation is urgent.(11, 16-18)

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The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5).

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Department of Labor of the Ministry of Finance, Economic Development, Investments, and Tourism

Enforce child labor laws through the Labor Commissioner, pursuant to the Employment of Children (Restriction) Act.(7, 19)

Department of Social Development of the Ministry of Social Development

Safeguard the well-being of children and investigate reports of child abuse.(20, 21)

Royal Anguilla Police Force

Investigate child protection cases.(20, 21)

Research found no evidence that law enforcement agencies in Anguilla took actions to combat child labor, including its worst forms, during the reporting period.

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The Government has established mechanisms to coordinate its efforts to address child labor, including its worst forms (Table 6).

Table 6. Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

Ministry of Social Development

Implement child protection efforts and ensure Anguilla complies with the CRC.(22, 23)

The Government of Anguilla coordinates child protection issues through the Ministry of Social Development.(23) However, the extent to which the Ministry addressed the worst forms of child labor, and particularly the commercial sexual exploitation of children, during the reporting period is unclear.

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The Government of Anguilla has established policies related to child labor, including its worst forms (Table 7).

Table 7. Policies Related to Child Labor

Policy

Description

Child Protection National Action Plan*

Calls for the development of the Child Protection Protocols. Implemented by the Ministry of Social Development in consultation with UNICEF.(22, 24, 25)

Safeguarding and Child Protection Protocols and Procedures*

Provides guidance and support on identifying, reporting, investigating, managing, and prosecuting child abuse cases. Developed by the Ministry of Social Development in conjunction with UNICEF.(20, 21, 23) Aim to address legislative gaps in the protection of children.(24)

Inter-Agency Child Protection Protocol*†

Provides a framework for interagency collaboration on child protection issues. Signed by representatives of the Ministry of Social Development's Departments of Social Development, Education, and Probation, as well as by the Royal Anguilla Police Force and the Health Authority of Anguilla. Developed in consultation with UNICEF.(26)

* Child labor elimination and prevention strategies do not appear to have been integrated into this policy.
† Policy was approved during the reporting period.

During the reporting period, representatives from the Departments of Social Development, Education, and Probation from the Ministry of Social Development, as well as from the Royal Anguilla Police Force and the Health Authority of Anguilla, signed the Inter-Agency Child Protection Protocol to facilitate interagency collaboration on child protection issues.(26)

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In 2014, the Government of Anguilla funded and participated in social programs that may have an impact on child labor, including its worst forms (Table 8).

Table 8. Social Programs to Address Child Labor

Program

Description

Safeguarding Children in Anguilla Project*‡

Ministry of Social Development media campaign that engages civil society groups on child protection issues.(13, 23)

Department for Youth and Culture programming*‡

Department for Youth and Culture program that provides a range of cultural activities for children ages 11 to 18 during summer months; facilitates development of youth centers where young people can participate in educational activities.(23)

Child Safeguarding in the Overseas Territories Regional Project (2014 — 2016)†

$1.2 million, 3-year project funded by the United Kingdom's Department for International Development and implemented by UNICEF to increase the Government's capacity to safeguard children in the Eastern Caribbean.(27)

* The impact of this program on child labor does not appear to have been studied.
† Program was launched during the reporting period.
‡ Program is funded by the Government of Anguilla.

Research could not determine whether these initiatives have an impact on the commercial sexual exploitation of children. Research also found no evidence that the Government has carried out programs that specifically address the commercial sexual exploitation of children.

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Based on the reporting above, suggested actions are identified that would advance the continued prevention of child labor, including its worst forms, in Anguilla (Table 9).

Table 9. Suggested Government Actions to Prevent Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure the law prohibits all children under age 18 from engaging in hazardous work.

2011 — 2014

Clarify whether Anguilla has codified a comprehensive list of hazardous activities prohibited to children under age 18.

2011 — 2014

Clarify whether Anguilla has drafted new legislation to protect children from commercial sexual exploitation.

2013 — 2014

Ensure the law prohibits the use of children in illicit activities, such as drug trafficking.

2014

Enforcement

Collect, analyze, and disseminate information regarding the enforcement of relevant laws protecting children from commercial sexual exploitation.

2009 — 2014

Coordination

Ensure there is a coordinating mechanism to combat the commercial sexual exploitation of children.

2009 — 2014

Government Policies

Integrate child labor elimination and prevention strategies into the Child Protection National Action Plan, the Safeguarding and Child Protection Protocols, and the Inter-Agency Child Protection Protocol.

2010 — 2014

Social Programs

Collect, analyze, and disseminate information regarding the prevalence and nature of the commercial sexual exploitation of children and other worst forms of child labor to guide the development of policies and programs to address the problem.

2009 — 2014

Assess the impact of existing social programs on the commercial sexual exploitation of children and create programs to address and prevent this problem.

2010 — 2014

 

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1.U.S. Department of State. "United Kingdom," in Country Reports on Human Rights Practices- 2012. Washington DC; April 19, 2013;.

2.U.S. Department of State. "Overseas Territories of the United Kingdom," in Trafficking in Persons Report- 2013. Washington, DC; June 19, 2013;.

3.UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary. Total. [accessed January 16, 2015];. Data provided is the gross intake ratio to the last grade of primary school. This measure is a proxy measure for primary completion. For more information, please see the "Children's Work and Education Statistics: Sources and Definitions" section of this report.

4.UCW. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Analysis received January 16, 2015. Reliable statistical data on the worst forms of child labor are especially difficult to collect given the often hidden or illegal nature of the worst forms. As a result, statistics on children's work in general are reported in this chart, which may or may not include the worst forms of child labor. For more information on sources used, the definition of working children and other indicators used in this report, please see the "Children's Work and Education Statistics: Sources and Definitions" section of this report.

5.UNICEF. Child Sexual Abuse in the Eastern Caribbean: Perceptions of, Attitudes to, and Opinions on Child Sexual Abuse in the Eastern Caribbean; 2010.

6.U.S. Department of State. "United Kingdom," in Country Reports on Human Rights Practices- 2013. Washington, DC; February 27, 2014;.

7.Government of Anguilla. Employment of Children (Restriction) Act, Revised Statues of Anguilla, Chapter E50, enacted 2000. [source on file].

8.Government of Anguilla. Employment of Women, Young Persons and Children Act, enacted December 15, 2000.

9.Government of Anguilla. The Anguilla Constitution Order 1982, enacted April 1, 1982.

10.Government of Anguilla. Anguilla Criminal Code, c. 140, enacted December 15, 2000. https://www.anguillalaws.com/Acts.asp.

11.Government of the United Kingdom. Armed Forced Act 2006, Chapter 52, enacted 2006.

12.Government of Anguilla. Education Act, enacted 2012.

13.U.S. Embassy- London. reporting, January 31, 2013.

14.The Anguillian. "A Little Child Shall Lead Them." [online] November 28, 2014 [cited July 6, 2015];.

15.The Anguillian. "Protecting Children's Rights in Anguilla." [online] November 28, 2014 [cited July 6, 2015];.

16.Child Soldiers International. "Appendix II: Data Summary on Recruitment Ages of National Armies," in Louder than Words: An Agenda for Action to End State Use of Child Soldiers. London; September 2012;.

17.Owen, J. "One in six recruits to Army is aged 16 " The Independent, London, May 29, 2011; Home News. http://www.independent.co.uk/news/uk/home-news/one-in-six-recruits-to-army-is-aged-16-2290403.html.

18.United Kingdom Parliament Defence Committee. Written Evidence from the Peace Pledge Union. source on file 2013.

19.Government of Anguilla. Department of Labour, Government of Anguilla, [online] [cited April 9, 2014];.

20.Government of Anguilla. Safeguarding Children in Anguilla, An Abbreviated Guide. The Valley; 2011.

21.Government of Anguilla- Ministry of Health and Social Development. Safeguarding Children in Anguilla: A Policy Guideline. The Valley; 2012. [source on file].

22.Anguilla Correspondent. Focus on Child Protection Protocols — Phase Three, Anguilla Guide, [previously online] [cited February 15, 2012]; [previously online].

23.Overseas Territories Joint Ministerial Council. Progress made on the commitments in the 2012 Joint Ministerial Council communiqué - Anguilla. The Valley; November 2013.

24.The Anguillian. "Protecting Anguillan Children from Abuse." The Anguillian, The Valley, June 21, 2013; News.

25.U.S. Embassy- London. reporting, January 21, 2014.

26.The Anguillian. "Signing of the Inter-Agency Child Protection Protocol." [online] March 30 2015 [cited July 6, 2015];.

27.UNICEF. New DFID-UNICEF Project to Safeguard Children in the British Overseas Territories; February 28, 2014.

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