Child Labor and Forced Labor Reports
Montserrat
No Advancement
Although research found no evidence that child labor exists in Montserrat, in 2022, the government made no advancement in efforts to prevent the worst forms of child labor. Montserrat also continued to implement a law that delays advancement to prevent the worst forms of child labor. Labor inspectors do not have the authority to conduct unannounced inspections, as they must obtain either the business owner's consent or a search warrant to enter a business for the purposes of performing an inspection. The lack of unannounced inspections may leave potential violations of child labor laws and other labor abuses undetected in workplaces. In addition, the Labor Code allows children as young as age 14 to engage in light work; however, Montserrat does not have a list of activities that constitute light work, nor does it specify the conditions under which light work may be undertaken or limit the number of hours for light work. Additionally, the government has not determined by national law or regulation the types of hazardous work prohibited for children nor criminally prohibited the use of children in illicit activities, including in the production and trafficking of drugs.
Table 1 provides one key indicator on children's education in Montserrat.
Children | Age | Percent |
---|---|---|
Primary Completion Rate (%) | 96.8 |
Source for primary completion rate: Data from 2019 published by UNESCO Institute for Statistics, 2023. (1)
Data were unavailable from International Labor Organization's analysis, 2023. (2)
British Overseas Territories recognize the jurisdiction and sovereignty of the UK but are constitutionally not part of the UK. They are self-governing, except in the areas of foreign affairs and defense. (3) Domestic UK law does not generally apply unless explicitly extended to Montserrat. (3) 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. (3,4) No key international conventions concerning child labor have been accepted by Montserrat (Table 2).
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 of Montserrat has established laws and regulations related to child labor (Table 3). However, gaps exist in Montserrat's legal framework to adequately protect children from the worst forms of child labor, including a failure to criminalize the use of children in illicit activities.
Standard | Meets International Standards | Age | Legislation |
---|---|---|---|
Minimum Age for Work | Yes | 16 | Parts 3 and 9 of the Labor Code (5) |
Minimum Age for Hazardous Work | Yes | 18 | Parts 3, 9, and 10 of the Labor Code (5) |
Identification of Hazardous Occupations or Activities Prohibited for Children | No | Part 9 of the Labor Code (5) | |
Prohibition of Forced Labor | Yes | Part VIII-A, Sections 138A, 138D, and 202D of the Penal Code; Part IV, No. 55 of the Constitution Order (6,7) | |
Prohibition of Child Trafficking | Yes | Part VIII-A, Sections 138A–D, and Part XIV-A of the Penal Code (6) | |
Prohibition of Commercial Sexual Exploitation of Children | Yes | Part VIII-A, Sections 138A and 138B of the Penal Code (6) | |
Prohibition of Using Children in Illicit Activities | No | Articles 3 and 96(8) of the Labor Code (5) | |
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 | No | Articles 3 and 96(8) of the Labor Code (5) | |
Compulsory Education Age | Yes | 16 | Chapter II, Part 3 of the Education Act (8) |
Free Public Education | Yes | Chapter II, Part 1 of the Education Act (8) |
* Country has no conscription (3)
The Labor Code allows children as young as age 14 to engage in light work; however, Montserrat does not have a list of activities that constitute light work, nor does it specify the conditions under which light work may be undertaken or limit the number of hours for light work. (5) The Minister of Labor for Montserrat is responsible for deciding what constitutes hazardous work; however, Montserrat has not determined by national law or regulation the types of hazardous work prohibited for children. (5,9) In addition, the law does not criminally prohibit the use of children in illicit activities, including in the production and trafficking of drugs. (5,9)
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, Montserrat has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 4).
Organization/Agency | Role & Activities |
---|---|
Department of Labor | Conducts labor inspections pursuant to the Labor Code under the Labor Commissioner. (9) According to Article 8 of the Labor Code, labor inspectors must obtain either the employer's permission or a search warrant to enter a business for the purposes of performing an inspection. As a result, labor inspectors do not have the authority to conduct unannounced inspections. (5) |
Royal Montserrat Police Service | Enforces the laws of Montserrat, including worst forms of child labor laws. (10) Responsible for criminal investigations and pursuing criminal proceedings in cases of child abuse of any kind. (11) |
Department of Social Services | Verifies the credibility of reports on the abuse of children. (11) If the allegations are true, the Social Services Department meets with the police to decide on a course of action with the child in mind. The police will take over the criminal investigation while Social Services ensures the protection of the child. (11) |
As there is no evidence of a problem, there appears to be no need for mechanisms to coordinate efforts to address child labor.
As there is no evidence of a problem, there appears to be no need for policies to address child labor.
As there is no evidence of a problem, there appears to be no need for programs to address child labor.
For information about USDOL's projects to address child labor around the world, visit https://www.dol.gov/agencies/ilab/ilab-project-page-search
Based on the reporting above, the following actions would advance the continued prevention of child labor in Montserrat (Table 5).
Area | Suggested Action | Year(s) Suggested |
---|---|---|
Legal Framework | Ratify ILO Convention 182 on the Worst Forms of Child Labor. | 2020 – 2022 |
Ratify the UN Convention on the Rights of the Child. | 2020 – 2022 | |
Ratify the UN CRC Optional Protocol on Armed Conflict. | 2020 – 2022 | |
Ratify the UN CRC Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography. | 2020 – 2022 | |
Ratify the Palermo Protocol on Trafficking in Persons. | 2020 – 2022 | |
Determine the types of hazardous work prohibited for children, in consultation with employers' and workers' organizations. | 2017 – 2022 | |
Ensure that laws criminally prohibit the use of children in illicit activities, including in the production and trafficking of drugs. | 2020 – 2022 | |
Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups. | 2016 – 2022 | |
Ensure that the law’s light work provisions specify the activities/conditions in which light work may be undertaken by children as young as age 14 and limit the number of hours for light work. | 2020 – 2022 | |
Enforcement | Ensure that the labor inspectorate is authorized to conduct unannounced inspections. | 2019 – 2022 |
- UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 15, 2023. For more information, please see “Children’s Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
http://data.uis.unesco.org/ - ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Analysis received March 2023. Please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
- U.S. Embassy- London official. E-mail communication to USDOL official. March 15, 2023.
- ILO. Article 35: Application of Conventions to non-metropolitan territories. Accessed March 14, 2023.
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:55:0::NO::P55_TYPE,P55_LANG,P55_DOCUMENT,P55_NODE:KEY,en,ILOC,/Document/Chapters/Chapter/Article[@Number=35] - Government of Montserrat. Labour Code. Enacted: December 27, 2012.
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/100191/120080/F148320011/GBR100186.pdf - Government of Montserrat. Penal Code (Amendment) Act 2010. Enacted: April 15, 2010.
http://agc.gov.ms/wp-content/uploads/2009/03/No.-7-of-2010-Penal-Code-Amendment-Act-20102.pdf - Government of Montserrat. The Montserrat Constitution Order 1989. Enacted: January 8, 1990.
http://www.legislation.gov.uk/uksi/1989/2401/contents/made - Government of Montserrat. Education Act. Enacted: January 1, 2008.
http://agc.gov.ms/wp-content/uploads/2011/10/Education-Act.pdf - U.S. Embassy- London. Reporting. January 14, 2020.
- Government of Montserrat. Website of the Royal Montserrat Police Service (RMPS). Accessed March 15, 2023.
https://www.gov.ms/government/ministries/non-ministerial-departments/royal-montserrat-police-service-rmps/ - U.S. Embassy- London. Reporting. January 15, 2021.
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