Findings on the Worst Forms of Child Labor - Anguilla

Child Labor and Forced Labor Reports

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Anguilla

2023 Findings on the Worst Forms of Child Labor:

English

No Advancement

Although research found no evidence that child labor exists in Anguilla, in 2023, the government made no advancement in efforts to prevent the worst forms of child labor. Anguilla's laws do not prohibit the involvement of children in illicit activities, including the production and trafficking of drugs. In addition, the minimum age of 12 for work and 14 for hazardous work does not meet international standards, and Anguilla lacks a list of prohibited hazardous occupations and activities for children.

**Laws and Regulations on Child Labor**

Each United Kingdom (UK) overseas territory has its own constitution, which sets out its system of government and its relationship with the UK, and provides for a governor or commissioner, an elected legislature, and ministers that are responsible for domestic affairs, such as internal security (police), immigration, education, and healthcare. They are self-governing, except in the areas of foreign affairs and defense. Domestic UK law does not generally apply unless explicitly extended to Anguilla. Under Article 35(4) of the ILO Constitution, when the UK ratifies a Convention, the Territory must consider if it will accept the Convention. If the Convention is accepted, it is considered applicable to that Territory. The United Nations Convention on the Rights of the Child has been extended to and accepted by Anguilla. The Government of Anguilla has established laws and regulations related to child labor. However, the use of children in illicit activities is not criminalized.
Standard	Age	Meets International Standards	Legislation
Minimum Age for Work	12	✗	Articles 1, 3, and 4 of the Employment of Women, Young Persons and Children Act; Articles 1 and 2 of the Employment of Children (Restriction) Act
Minimum Age for Hazardous Work	14	✗	Articles 1, 3, and 4 of the Employment of Women, Young Persons and Children Act; Articles 1 and 2 of the Employment of Children (Restriction) Act
Identification of Hazardous Occupations or Activities Prohibited for Children		✗	Article 6 of the Employment of Women, Young Persons and Children Act
Prohibition of Slavery, Debt Bondage, and Forced Labor		✓	Articles 242-244 of the Criminal Code; Chapter 1, Section 4 of the Constitution Order
Prohibition of Child Trafficking		✓	Articles 242, 243, 247, and 248 of the Criminal Code
Prohibition of Commercial Sexual Exploitation of Children		✗	Article 244 of the Criminal Code
Prohibition of Using Children in Illicit Activities		✗
Minimum Age for Voluntary State Military Recruitment		N/A†
Prohibition of Compulsory Recruitment of Children by (State) Military		N/A*†
Prohibition of Military Recruitment by Non-state Armed Groups		✗
Compulsory Education Age	17	✓	Article 117 of the Education Act
Free Public Education		✗	Article 106 of the Education Act

* Country has no conscription
† Country has no standing military

The minimum age of 12 for work does not meet international standards. The minimum age of 14 for hazardous work also does not meet international standards as it is below 18, nor does it contain the additional protections that would allow the standards to be met at the age of 16 or 17. This minimum age applies only to industrial undertakings, transportation of passengers or goods by roads or rail, and work on ships. Anguilla lacks a list of prohibited hazardous occupations and activities for children. However, there is a prohibition of night work for children under age 16 in the manufacturing of raw sugar and a prohibition of night work in other industrial undertakings for children under age 18. Commercial sexual exploitation of children is not prohibited because the definition of sexual exploitation does not include prostitution. In addition, Anguilla's laws do not criminally prohibit the use of children in illicit activities, including in the production and trafficking of drugs. As the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education. Finally, free public education standards are not met because the government may impose public school tuition fees on those "who are not belongers of Anguilla."

**Agencies Responsible for Child Labor Law Enforcement**

As there is no evidence of a problem, there appears to be no need for enforcement actions to address child labor, including its worst forms. However, Anguilla has established institutional mechanisms for the enforcement of laws and regulations on child labor.
Organization/Agency \| Role & Activities
Department of Labor of the Ministry of Finance, Economic Development, Investments, and Tourism: Through the Employment of Children (Restriction) Act, the Labor Commissioner has the authority to enforce all labor laws pertaining to child labor and may freely enter and inspect any premises in which violations of child labor laws may be occurring. The Labor Commissioner is also the head of the Department of Labor. Inspections occur based on planned needs assessments.
Royal Anguilla Police Force Safeguarding Investigation Unit: Investigates child protection cases through interviews and forensic assessments.

**Suggested Government Actions to Eliminate Child Labor**

The suggested government actions below would close gaps USDOL has identified in Anguilla’s implementation of its international commitments to eliminate the worst forms of child labor.
Area	Suggested Action
Legal Framework	Ratify ILO Convention 138 on Minimum Age.
	Ratify ILO Convention 182 on the Worst Forms of Child Labor.
	Ratify the UN Convention on the Rights of the Child Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography.
	Ratify the UN Convention on the Rights of the Child Optional Protocol on Armed Conflict.
	Ratify the Palermo Protocol on Trafficking in Persons.
	Establish a minimum age for work of at least 15 years, and preferably up to the compulsory education age of 17.
	Establish age 18 as the minimum age for hazardous work and determine by national law or regulation the types of hazardous work prohibited for children, in consultation with employers' and workers' organizations.
	Ensure that the law criminally prohibits the use of children in illicit activities, including in the production and trafficking of drugs.
	Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups.
	Criminally prohibit the use, procuring, or offering of a child for prostitution.
	Ensure all children are entitled to free basic public education.

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