1
2013 FINDINGS ON THE WORST FORMS OF CHILD LABOR
Jamaica
MODERATE ADVANCEMENT
In 2013, Jamaica made a moderate advancement in efforts
to eliminate the worst forms of child labor. e Government
amended the trafficking law to include harsher penalties for
violators of child trafficking cases, the National Task Force Against
Trafficking in Persons (NTFATIP) supported many awareness
activities, and the Government conducted three small pilot surveys
on child labor. Jamaica also continued to participate in the Child
Labor Measurement and Policy Development (MAP) program
and the Tackling Child Labor through Education (TACKLE)
program, through which they published a Child Labor Handbook for Professionals. However, children in Jamaica are engaged in child
labor in street work and in the worst forms of child labor in commercial sexual exploitation. ere is no law prohibiting the procuring
or offering of a child for illicit activities, including drug trafficking and production. e country lacks current nationwide comprehensive
statistics on child labor, and it has not enacted a draft Occupational Safety and Health (OSH) Act.
I. PREVALENCE AND SECTORAL DISTRIBUTION OF CHILD LABOR
Children in Jamaica are engaged in child labor in street work and in the worst forms of child labor in commercial
sexual exploitation.(1-4) Table 1 provides key indicators on childrens work and education in Jamaica.
Table 1. Statistics on Childrens Work and Education
Children Age Percent
Working (% and population) 5-14 yrs. 8.4 (48,336)
Attending School (%) 5-14 yrs. 98.6
Combining Work and School (%) 7-14 yrs. 9.5
Primary Completion Rate (%) 88.0
Source for primary completion rate: Data from 2004, published by UNESCO Institute for Statistics, 2014.(5)
Source for all other data: Understanding Childrens Work Project’s analysis of statistics from Multiple Indicator Cluster Survey 3, 2006.(6)
Based on a review of available information, Table 2 provides an overview of childrens work by sector and activity.
Table 2. Overview of Childrens Work by Sector and Activity
Sector/Industry Activity
Agriculture Activities unknown, garden work* (1-4, 7)
Industry Construction, activities unknown* (4)
Services
Garbage scavenging* (4, 8)
Work in shops and markets* (4)
Domestic service* (1, 4, 9)
Street work as beggars and vendors (1-4, 10)
Categorical Worst Forms
of Child Labor‡
Commercial sexual exploitation sometimes as a result of human tracking (1-4, 7, 10, 11)
Used in the production of pornography* (12-14)
Forced work in domestic service* and as vendors (1-4, 10)
Illicit activities, executing nancial scams, and serving as drug and gun couriers* (15-17)
* 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.
While Jamaica lacks comprehensive statistics on child labor, in 2013 the Ministry of Labor and Social Security (MLSS)
conducted three small surveys on vulnerable children in the parishes of Clarendon, St. Catherine, and St. James.(18)
In Jamaica, trafficking victims are often young girls from low-income and single-parent homes.(11)
2
UNITED STATES DEPARTMENT OF LABOR’S BUREAU OF INTERNATIONAL LABOR AFFAIRS
Jamaica
MODERATE ADVANCEMENT
Children are commercially sexually exploited in the island’s resort areas.(2, 4, 9) Children are known to be used as the
subjects of pornographic films and, less commonly, live sex shows.(12) Limited evidence suggests that some Jamaican
police and government officials are complicit with hiring children to be a part of prostitution rings.(11)
II. LEGAL FRAMEWORK ON THE WORST FORMS OF CHILD LABOR
Jamaica has ratified all key international conventions concerning child labor (Table 3).
Table 3. Ratification of International Conventions on Child Labor
Convention Ratication
ILO C. 138, Minimum Age
ILO C. 182, Worst Forms of Child Labor
UN CRC
UN CRC Optional Protocol on Armed Conict
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
Palermo Protocol on Tracking in Persons
e Government has established relevant 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 15 Child Care and Protection Act of 2004 (19)
Minimum Age for Hazardous Work Yes 18 Child Care and Protection Act of 2004 (19)
List of Hazardous Occupations Prohibited
for Children
Yes Child Care and Protection Act of 2004; Quarries
Control (General) Regulation; Mining (Safety
and Health) Regulations; Factories Act: Building
Operations and Works of Engineering Construction
Regulations of 1968; Shipping Act; and Docks
(Safety Health and Welfare) Regulations of 1968
(20-22)
Prohibition of Forced Labor Yes Tracking in Persons (Prevention, Suppression and
Punishment) Act of 2007 (23)
Prohibition of Child Tracking Yes Child Care and Protection Act (2004) (24)
Prohibition of Commercial Sexual
Exploitation of Children
Yes Tracking in Persons (Prevention, Suppression
and Punishment) Act of 2007; Child Pornography
(Prevention) Act of 2009; Sexual Oences Act of
2009; Cyber Crimes Act of 2010 (10, 23, 25-31)
Prohibition of Using Children in Illicit
Activities
No Child Care and Protection Act (2004) (24)
Minimum Age for Compulsory Military
Recruitment
N/A*
Minimum Age for Voluntary Military Service Yes 17.5 Defense Act of 1962 (32, 33)
Compulsory Education Age Yes 18 Education Act of 1965 (3, 26)
Free Public Education Yes Jamaican Charter of Fundamental Rights and
Freedoms (26, 34)
* No conscription or no standing military.
e law establishes the minimum age for employment at 15, but allows children ages 13 to 14 to engage in light
work; however, the list of occupations considered light work has not been finalized by the Government. e draft
list includes hair braiding, clerical work, newspaper vending, supermarket packing, and engagement in household
chores.(19, 24, 35) While there is no general legislation prohibiting specific hazardous activities to children under 18,
the OSH Act, drafted in 2010 and currently under review by Parliament, would specify 45 hazardous occupations
Jamaica
MODERATE ADVANCEMENT
3
2013 FINDINGS ON THE WORST FORMS OF CHILD LABOR
prohibited for children under 18.(1, 29, 30, 35). e draft statute identifies those to include, among others, fishing
at sea, working on construction sites, participating in the production of pornography, and engaging in illicit activities
that involve weapons. If adopted, the OSH Act will increase current fines for employers who illegally utilize child
labor and will enable labor inspectors to access formerly prohibited workplace environments in the informal economic
sector.(1, 2, 35) Industry-specific statutes, such as the Building Operations and Works of Engineering Construction
Regulations of 1968, the Shipping Act, and the Docks (Safety Health and Welfare) Regulations of 1968, identify
as hazardous occupations for children under the age of 18 the operation of cranes and other duties related to lifting
appliances in construction and in mining.(30)
Current legislation does not prohibit the use, procurement, or offering of a child for illicit activities, such as for the
production and trafficking of drugs.(36) However, the Child Care and Prevention Act bans children from selling
alcohol or tobacco products.(24)
In 2013, the Government adopted amendments to the Trafficking in Persons (Prevention, Suppression and
Punishment) Act. e law identifies “debt bondage” as a means by which a victim may be coerced, doubles the
maximum sentence for human trafficking from 10 years to 20 years, and mandates an additional 10-year sentence to
those convicted of an offense in which “aggravating factors” are proven, such as the trafficking of minors by adults.(18)
e minimum age for voluntary military service in Jamaica is 17 years 6 months with parental consent. Children may
enlist at age 17 for training purposes only. Children under 18 can enlist with parental consent.(32, 33)
Although education is compulsory, in practice it is difficult to enforce in the absence of an adequate number of
truancy officers and the financial circumstances of some families that depend upon income from their children for
support.(37)
III. ENFORCEMENT OF LAWS ON THE WORST FORMS OF CHILD LABOR
e 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
MLSS, the Child Labor Unit
(CLU), and the Occupation
Safety and Health Department
(OSHD)
Enforce and administer child labor laws, including monitoring of violations under related laws. Has 15
inspectors and is planning to ll three more positions; OSHD has 30 inspectors who cover businesses
and sites in the formal economy.(1, 2, 18) Develop ow charts to facilitated multiple-agency responses.
Share information with all other agencies involved in child labor issues.(18)
Child Development Agency
(CDA)
Enforce child labor laws, monitor related violations, and oversee eorts to address the problem.(1, 2)
Oce of Childrens Advocate
(OCA)
Enforce and protect childrens rights, including maintaining records of complaints, conducting
investigations, providing legal services for children, and educating the public on oces services.(3, 38)
Jamaica Constabulary Force
(JCF)
Enforce criminal laws, including those related to the worst forms of child labor. Includes a Tracking
in Persons (TIP) Unit that investigates and prosecutes cases of child tracking and commercial sexual
exploitation.(2, 13, 39)
Centre for the Investigation
of Sexual Oences and Child
Abuse (CISOCA)
Investigate and prosecute sexual oences and child abuse. Work in victim rehabilitation and conduct
public education programs. Branch of the JCF.(40)
Law enforcement agencies in Jamaica took actions to combat child labor, including its worst forms.
Labor Law Enforcement
Between January and September of 2013, the Occupational Safety and Health Department carried out 1,015
inspections. For FY 2013, approximately $404,000 was allocated to the MLSS Occupation Safety and Health Unit.(18)
ere were no cases of child labor found, as inspections are only conducted in factories, building sites, docks, and
ships, where child labor is typically not found.(18, 36)
4
UNITED STATES DEPARTMENT OF LABOR’S BUREAU OF INTERNATIONAL LABOR AFFAIRS
Jamaica
MODERATE ADVANCEMENT
Authorities removed 130 children from child labor situations; however, there is no information available to identify
the sectors in which these children were found working.(10)
ere was no information available on how many inspections the MLSS carried out during the reporting period.
Criminal Law Enforcement
From 2012-2013, the TIP unit conducted 213 raids, an increase from 32 raids during 2011–2012. Two arrests
were made for child trafficking during the reporting period.(41) e Ministry of National Security provided the
JCF TIP Unit with $29,826 in equipment and a vehicle for purposes of investigations and outreach work.(41)
IV. COORDINATION OF GOVERNMENT EFFORTS ON THE WORST FORMS OF CHILD LABOR
e 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
MLSS Program for the Elimination
of Child Labor
Coordinate the enforcement of child labor laws. Employs 15 labor inspectors and 30 general
inspectors who are trained to investigate a range of violations, including child labor violations.(3)
National Task Force Against
Tracking in Persons (NTFATIP)
(led by the Ministry of Justice)
Facilitate information exchanges between government agencies and external stakeholders, as
well as creating momentum for counter tracking eorts. Oversee the implementation of the
countrys National Action Plan to Combat Human Tracking.(30, 39) Includes representatives from
the Ministries of National Security and Foreign Aairs, the Jamaica Constabulary Force (JCF) and
the Department of the Public Prosecutor, as well as representatives from the Ministries of Health,
Education, Labor and Youth and Culture.(2, 3) Meets regularly with the JCF, Director of Public
Prosecutions (DPP), and other ministries.(18) Held a four-day training seminar in January 2014.(42)
Oce of Childrens Registry (OCR) Receive complaints about child abuse, including criminal violations of child labor laws.(3, 38)
From April 2012 to March 2013, the NTFATIP supported many trafficking awareness activities, including
distribution of 15,000 TIP wallet cards to officials, and conducting workshops, conferences, and radio broadcasts.(41)
Research did not uncover any information on other efforts during the reporting period, nor is there information
available on OCR registry reports received during 2013.(3, 43)
V. GOVERNMENT POLICIES ON THE WORST FORMS OF CHILD LABOR
e Government of Jamaica has established policies related to child labor, including its worst forms (Table 7).
Table 7. Policies Related to Child Labor
Policy Description
Compulsory Education Policy* Ensures that all children between the ages of 3 and 18 have access to a learning institution or
vocational training program. Includes the Career Advancement Program, which provides 16- to
18-year-olds with two additional years of schooling upon completion of the eleventh grade.(44)
National Action Plan to Combat
Human Tracking
Targets law enforcement ocials to address the commercial sexual exploitation of children,
conducts public awareness campaigns, and implements outreach programs.(41)
National Plan of Action on Child
Labor
Aims to strengthen current legislative frameworks to address all forms of child labor, specically
focusing on children engaged in domestic service, prostitution, forced labor, and hazardous work
within the agricultural and shing industries. Identies four primary objectives: to collect current
and reliable data on child labor, to establish public awareness and sensitize the Jamaican people
to the problem, to improve the Labor Ministrys personnel capacity to be able to identify child
laborers, and to work with trade unions, as well as the Jamaican Employers Federation, to raise
awareness among employees.(2, 17, 45)
* The impact of this policy on child labor does not appear to have been studied.
e Government established no new plans during the reporting period. e Government has drafted a National Policy
on Child Labor in an effort to implement the National Plan of Action on Child Labor and address some of the current
challenges, but it continues to be under review.(26, 30) Implementation of the current National Plan of Action of
Jamaica
MODERATE ADVANCEMENT
5
2013 FINDINGS ON THE WORST FORMS OF CHILD LABOR
Child Labor has faced difficulties, including the lack of adequate resources, recent statistical data, and an institutional
tracking system.(17, 37)
e Government has drafted a new Plan of Action to Combat Human Trafficking in Persons (2012–2015) in an
effort to strengthen current priority areas and ensure that shelters are available to victims. e new Plan has not been
adopted.(30, 46)
In November, the Government participated in the XVIII Inter-American Conference of Ministers of Labor to foster
continued dialogue and cooperation on labor issues throughout the Americas. e joint declaration of the Conference
promotes social dialogue to address child labor and reaffirms country participants’ commitment to work with civil
society organizations to advance efforts toward the eradication of child labor.(47)
VI. SOCIAL PROGRAMS TO ADDRESS THE WORST FORMS OF CHILD LABOR
In 2013, the Government of Jamaica funded and participated in programs that include the goal of eliminating or
preventing child labor, including its worst forms (Table 8).
Table 8. Social Programs to Address Child Labor
Program Description
Tackling Child Labor
through Education
(TACKLE) project
Jointly launched by the European Commission and the ILO to combat child labor through education in 12
African and the Caribbean countries and the Pacic group of states (ACP).(48) Government worked closely
with NGOs RISE and Children First to provide direct support to children engaging and at risk of engaging in
child labor activities.(49, 50) In 2013, Children First withdrew 130 children from child labor and benetted 670
children through its prevention work.(51) TACKLE project introduced the Red Card to Combat Child Labor
at the Jamaica vs. Panama World Cup qualifying match in 2013.(52) Created a handbook on “Child Labor for
Professionals, which was published in 2013.(51, 53) Baseline survey data has already been used to synchronize
current laws and policies, improve enforcement, and was utilized in the drafting of the National Child Labor
Policy.(51)
Program for
Advancement through
Health and Education
(PATH)‡
Government conditional cash transfer program to reduce child labor by requiring participants to attend school
at least 85 percent of the academic days within a month.(54-56) Recent evaluations of the PATH program reveal
that children at the primary and secondary level are not likely to reach that target.(56)
Hotline‡ Government-run hotline that receives reports of child abuse, including cases that involve the worst forms of
child labor and tracking.(1, 2). It is unknown how many reports were related to child labor.
Child Labor
Measurement and Policy
Development (MAP)†
USDOL-funded research project implemented by the ILO in 10 countries, including Jamaica, to increase the
knowledge base around child labor by collecting new data, analyzing existing data, and building capacity to
conduct research in this area.(57) Received technical assistance in 2013 from the ILOs Global Research on Child
Labor Measurement and Policy Development project to conduct a Child Labor Survey in 2014.(58)
Shelters for female
tracking victims‡
Government shelters to aid female tracking victims.(2, 26, 29, 41)
Child Protection
Database*‡
Government-run database that provides the public with data on the issues aecting the children of
Jamaica. (30)
Child Labor Handbook
for Professionals†
ILO-IPEC 42-page handbook provides professionals with a background on international standards on child
labor, Jamaican child labor laws, and services to take action and address child labor situations. (53)
* 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 Jamaica.
Although Jamaica has programs that target child labor, the scope of these programs is insufficient to fully address the
extent of the problem.
VII. SUGGESTED GOVERNMENT ACTIONS TO ELIMINATE THE WORST FORMS OF CHILD LABOR
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor,
including its worst forms, in Jamaica (Table 9).
6
UNITED STATES DEPARTMENT OF LABOR’S BUREAU OF INTERNATIONAL LABOR AFFAIRS
Jamaica
MODERATE ADVANCEMENT
Table 9. Suggested Government Actions to Eliminate Child Labor, Including its Worst Forms
Area Suggested Action Year(s) Suggested
Laws Enact the new Occupational Safety and Health Act, including the list of hazardous
occupations prohibited to children under age 18.
2009 – 2013
Adopt legislation to prohibit procuring or oering a child for illicit activities, including
drug tracking and production.
2009 – 2013
Government Policies Adopt the new Plan of Action to Combat Human Tracking in Persons. 2010 – 2013
Assess the adequacy of resources allocated for eective implementation of the
objectives of the National Plan of Action on Child Labor and specically explore ways
to implement a system to track child laborers after they have been identied and/or
removed from child labor
2010 – 2013
Ensure that sucient enforcement authorities, such as truancy ocers, are hired to
enforce the compulsory schooling policy.
2012 – 2013
Social Programs Utilize the government established shelter for tracked victims and provide sucient
resources so that it can continue to be operational.
2011 – 2013
Conduct research to determine the activities carried out by children working, especially
for children working in agriculture.
2013
Expand programs that assist children in the worst forms of child labor and develop
programs to aid children in domestic labor and street work.
2010 – 2013
Disaggregate the number of complaints made to the hotline that relate to child labor. 2013
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