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RR RUEHWEB

DE RUEHSP #0180/01 0482146
ZNR UUUUU ZZH
R 172145Z FEB 10
FM AMEMBASSY PORT OF SPAIN
TO RUEHC/SECSTATE WASHDC 0223
INFO RUEHC/DEPT OF LABOR WASHINGTON DC
RUEHSP/AMEMBASSY PORT OF SPAIN

UNCLAS PORT OF SPAIN 000180 
 
SENSITIVE 
SIPDIS 
DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY AND TINA MCCARTER 
STATE FOR DRL/ILCSR SARAH MORGAN 
STATE FOR G/TIP LUIS CDEBACA 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD PHUM SOCI TD
SUBJECT: CHILD LABOR REPORT FOR TRININDAD AND TOBAGO 
 
REF: STATE 00131997; 09 PORT OF SPAIN 26 
 
¶1. (SBU) This cable contains responses per ref A to 1/TVPRA and 
2/TDA in order to provide updated information concerning child 
labor in the Republic of Trinidad and Tobago (TT) as required under 
the Trade and Development Act (TDA).  We believe that the incidence 
of children exploited for labor is not significant in TT and that 
the government has tried to address any minimal lingering problems, 
such as children working in the informal agriculture sector or in 
domestic employment, even as the labor inspections unit appears 
overtaxed and understaffed. 
 
 
 
¶2. (SBU)TASKING 1/TVPRA 
 
 
 
1A) GOOD: None. 
 
 
 
1B) TYPE OF EXPLOITATION FOUND IN THE PRODUCTION OF THE GOOD: 
 
 
 
None. 
 
 
 
1C) SOURCES OF INFORMATION AND YEARS: 
 
 
 
Interviews by conducted by Post of GOTT officials and local NGO's, 
and a review of press and publicly available documentation covering 
calendar year 2009. 
 
 
 
1D) NARRATIVE DESCRIPTION: 
 
 
 
There is no known use of forced or exploitive labor to produce 
goods in TT. 
 
 
 
1E) PREVALENCE: None. 
 
 
 
¶3. (SBU) TASKING 2/TDA 
 
 
 
2A) PREVALENCE AND SECTORAL DISTRIBUTION OF EXPLOITIVE CHILD LABOR 
 
 
 
¶1. In what sectors (not related to the production of goods) were 
children involved in exploitive labor (such as domestic service, 
street vending, and/or child prostitution)? 
 
 
 
There was no significant evidence of children involved in 
exploitive labor in TT, but it is believed that some children were 
engaged in the informal agriculture sector and as domestic workers 
in capacities contrary to national law.  A representative from the 
Ministry of Labor commented that most instances of child labor are 
the result of underlying social problems such as poverty, 
homelessness, and a lack of guardians. 
 
 
 
¶2. Posts are requested to determine if the government collected or 
published data on exploitive child labor during the period, and if 
so, whether the government would provide the data set to DOL for 
further analysis. 
 
The government did not collect data on exploitive child labor 
during the reporting period. 
 
 
 
2B) LAWS AND REGULATIONS 
 
 
 
¶1. What new laws or regulations were enacted in regard to 
exploitive child labor over the past year?  If applicable, were the 
changes improvements in the legal and regulatory framework? 
 
 
 
The government did not pass any new laws or regulations regarding 
exploitive child labor during the reporting period. 
 
 
 
¶2. Was the country/territory's legal and regulatory framework 
adequate for addressing exploitive child labor? Examples of 
indicators of an inadequate framework include instances in which 
children have been found working in hazardous conditions, but the 
sector in which they were working is exempted from minimum age 
laws; cases in which boys are being exploited as prostitutes, but 
the law only prohibits female prostitution; or cases in which there 
are prohibitions against exploitive child labor, but penalties are 
too weak to serve as deterrents. 
 
 
 
TT's legal and regulatory framework is relatively extensive 
regarding the protection of children against exploitive labor. 
Children under the age of 14 are allowed to work only in family 
businesses, and it is a crime to employ any child under the age of 
¶12.  Minors between the ages of 16 and 18 are allowed to work at 
night only in very limited circumstances historically linked to the 
sugar industry, which has all but disappeared in Trinidad and 
Tobago. 
 
 
 
The Minimum Age Act of 2007 updated worker recruitment regulations 
to limit the recruitment for employment of minors between the ages 
of 14 and 18. 
 
 
 
The Sexual Offences Act protects children from all forms of sexual 
abuse including being exploited as prostitutes or being present in 
brothels. Other laws protect children from hazardous conditions by 
holding adults criminally liable for placing children in certain 
dangerous circumstances and for inducing or allowing children to 
beg or perform for money on the street. 
 
 
 
 
 
2C) INSTITUTIONS AND MECHANISMS FOR ENFORCEMENT 
 
 
 
¶1. What agency or agencies was/were responsible for the enforcement 
of laws relating to hazardous child/forced child labor? 
 
 
 
The Ministry of Labor and Small and Micro-Enterprise, through the 
Occupational Safety and Health Authority, is responsible for 
matters relating to hazardous child labor. The Ministry of Labor 
and Small and Micro-Enterprise and the Ministry of Social 
Development are responsible for enforcing laws relating to forced 
child labor. 
 
 
 
¶2. If multiple agencies were responsible for enforcement, were 
there mechanisms for exchanging information? Assess their 
effectiveness. 
 
Complicated procedural bureaucracies and overtaxed agencies slow or 
impede investigations. 
 
 
 
¶3. Did the country/territory maintain a mechanism for making 
complaints about hazardous and forced child labor 
violations?  If so, how many complaints were received in the 
reporting period? 
 
 
 
The Ministry of Labor and Small and Micro-Enterprise oversees a 
mechanism to take and investigate complaints about hazardous and 
forced child labor violations and to sanction employers of 
children. There were no complaints during the reporting period. 
 
 
 
¶4. What amount of funding was provided to agencies responsible for 
inspections?  Was this amount adequate? Did inspectors have 
sufficient office facilities, transportation, fuel, and other 
necessities to carry out inspections? 
 
 
 
The Ministry of Labor and Small and Micro-Enterprise received a 
general budgetary allocation for daily operations of all 
labor-related inspections, and thus, we cannot judge the 
effectiveness of recurrent expenditures specifically for child 
labor cases. Additionally, some USD 83,000 was granted to the Labor 
Inspectorate Unit for public awareness campaigns and training of 
inspectors on child labor issues. The Cipriani Labor College 
provided training to improve the efficiency of inspectors in 
detecting instances of child labor. 
 
 
 
¶5. How many inspectors did the government employ?  Was the number 
of inspectors adequate? 
 
 
 
The Labor Inspectorate Unit employed 19 inspectors for all 
labor-related investigations. The Unit tried to address child labor 
issues through its overall enforcement efforts and through 
informational booklets that highlight the legal requirements for 
employment, employers' obligations, and breaches associated with 
child labor. 
 
 
 
¶6. How many inspections involving child labor were carried out? If 
possible, please provide breakdown of complaint-driven versus 
random, government-initiated inspections. Were inspections carried 
out in sectors in which children work? Was the number of 
inspections adequate? 
 
 
 
During the reporting period, 1,236 labor-related inspections were 
conducted across all sectors of the economy, including an 
unrecorded number of child labor complaints, but no child labor 
cases were identified. 
 
 
 
¶7. How many children were removed/assisted as a result of 
inspections?  Were these children actually provided or 
referred for services as a result (as opposed to simply fired)? 
 
 
 
During the reporting period no child labor investigations resulted 
in fines, penalties, or convictions. 
 
 
 
¶8. How many child labor cases or "prosecutions" were opened? 
 
 
 
None. 
 
¶9. How many child labor cases were closed or resolved? 
 
 
 
None. 
 
 
 
¶10. How many violations were found or "convictions" reached? 
 
 
 
None. 
 
 
 
¶11. What is the average length of time it took to resolve child 
labor cases? 
 
 
 
No cases have been indentified to determine the length of time 
needed to resolve child labor cases. 
 
 
 
¶12. In cases in which violations were found, were penalties 
actually applied, either through fines paid or jail sentence 
served? Did such sentences meet penalties established in the law? 
 
 
 
No cases found. 
 
 
 
¶13. Did the experience regarding questions 7 through 10 above 
reflect a commitment to combat exploitive child labor? 
 
 
 
Yes.  The government seems committed to combating exploitive child 
labor even if its labor inspection services are generally 
overburdened and under-resourced, and government agents are 
confident that there is very little exploitive child labor taking 
place in the country. 
 
 
 
¶14. Did government offer any training for investigators or others 
responsible for enforcement? If so, what (if any) 
impact have these trainings had? 
 
 
 
Yes, training is ongoing. Several informational booklets were 
distributed as a guide for both employers and employees regarding 
rights and responsibilities including laws governing child labor. 
Also, inspectors were trained on the prosecutorial process. Other 
training was conducted by the Cipriani Labor College and the 
International Organization for Migration (IOM) also conducted 
training on forced child labor. 
 
 
 
2D) INSTITUTIONAL MECHANISMS FOR EFFECTIVE ENFORCEMENT 
 
 
 
¶1. Did the country/territory have agencies or personnel dedicated 
to enforcement of child trafficking/CSEC/use of 
children in illicit activities? 
 
 
 
In July, the Ministry of National Security established a 
Multi-Agency Task Force to implement a nine-month plan to prevent 
trafficking in Trinidad and Tobago.  The Task force is responsible 
for implementing and systematizing a referral process to identify 
and assist victims, establishing a hotline to field calls 
pertaining to trafficking and to conduct a nation-wide information 
campaign using IOM materials. The Task Force consists of the 
Ministry of National Security, the Ministry of Foreign Affairs, the 
 
Ministry of Community Development, the Ministry of Social 
Development, the Office of the Attorney General, the Ministry of 
Labor, the Ministry of Health, non-governmental and faith-based 
organizations, and the IOM. 
 
 
 
¶2. How many investigators/social workers/dedicated police officers 
did the government employ to conduct investigations? If there were 
no dedicated agencies or personnel, provide an estimate of the 
number of people who were responsible for such investigations.  Was 
the number of investigators adequate? 
 
 
 
The government has not dedicated personnel specifically to conduct 
child labor or exploitation investigations. 
 
 
 
¶3. How much funding was provided to agencies responsible for 
investigating child trafficking/CSEC/use of children in illicit 
activities? Was this amount adequate? Did investigators have 
sufficient office facilities, transportation, fuel, and other 
necessities to carry out investigations? 
 
 
 
Funding for such activities was not disaggregated from overall law 
enforcement and labor inspection budgets; thus, it is difficult to 
judge the adequacy of such funding. 
 
 
 
¶4. Did the country/territory maintain a hotline or other mechanism 
for reporting child trafficking/CSEC/use of 
children in illicit activities violations?  If so, how many 
complaints were received in the reporting period? 
 
 
 
The Multi-Agency Task Force has not established a hotline for 
reporting cases of child trafficking. The NGO Coalition Against 
Domestic Violence, however, established a Child-Line so that 
children in distress have an avenue to access help and support. 
The coalition did not report the number of calls it received. 
 
 
 
¶5. How many investigations were opened in regard to child 
trafficking/CSEC/use of children in illicit activities? 
Was the number of investigations adequate? 
 
 
 
No cases were opened. 
 
 
 
¶6. How many children were rescued as a result? 
 
 
 
No children were rescued during the reporting period. 
 
 
 
¶7. How many arrests were made or other kinds of prosecutions 
carried out? 
 
 
 
None. 
 
 
 
¶8. How many cases were closed or resolved? 
 
None. 
 
 
 
¶9. How many convictions? 
 
None. 
 
 
 
¶10. Did sentences imposed meet standards established in the legal 
framework? 
 
 
 
N/A 
 
 
 
¶11. Were sentences imposed actually served? 
 
 
 
N/A 
 
 
 
¶12. What is the average length of time it takes to resolve cases of 
child trafficking/CSEC/use of children in illicit activities? 
 
 
 
No cases opened. 
 
 
 
¶13. Did the government offer any training for investigators or 
others responsible for enforcement of child trafficking/ CSEC/use 
of children in illicit activities? If so, what was the impact (if 
any) of these trainings? 
 
 
 
We are not aware of specific training programs in these areas in 
calendar year 2009, but more than 400 government officers in 
various agencies received training to detect and investigate 
potential human-trafficking in 2007 and 2008, the skills from which 
they were expected to be deployed in 2009. 
 
 
 
¶14. If the country/territory experienced armed conflict during the 
reporting period or in the recent past involving the use of child 
soldiers, what actions were taken to penalize those responsible? 
Were these actions adequate or meaningful given the situation? 
 
 
 
TT experienced no armed conflict during the reporting period. 
 
 
 
2E) GOVERNMENT POLICIES ON CHILD LABOR 
 
 
 
¶1. Did the government have a policy or plan that specifically 
addresses exploitive child labor? Please describe. (Please note 
that DOL will not consider anti-poverty, education or other general 
child welfare policies to be addressing exploitive child labor 
unless they have a child labor component.) 
 
 
 
Yes. Part of the Ministry of Social Development's National Plan of 
Action for Children (2006-2010) specifically addresses the issue of 
exploitive child labor. 
 
 
 
¶2. Did the country/territory incorporate exploitive child labor 
specifically as an issue to be addressed in poverty reduction, 
development, educational or other social policies, such as Poverty 
Reduction Strategy Papers, etc? 
Please describe. 
 
 
 
The Public Sector Investment Program was granted funding for a 
period covering 2009 and 2010. The program is designed to create a 
 
comprehensive public awareness campaign focusing on Child Labor 
using data collected from a survey of youth aged 5 - 18. The data 
from the survey will also inform the creation of a National Plan of 
Action on Child Labor. 
 
 
 
¶3. Did the government provide funding to the plans described above? 
Please describe the amount and whether it 
was sufficient to carry out the planned activities. 
 
 
 
The Public Sector Investment Program was given roughly USD 167,000. 
 
 
 
¶4. Did the government provide non-monetary support to child labor 
plans?  Please describe. 
 
 
 
The Ministry of Labor and Small and Micro Enterprise participated 
in the ILO's World Day Against Child Labor and engaged the media to 
share information and raise awareness. 
 
 
 
¶5. Provide any additional information about the status and 
effectiveness of the government's policies or plans 
during the reporting period in regard to exploitive child labor. 
 
 
 
None. 
 
 
 
¶6. Did the government participate in any commissions or task forces 
regarding exploitive child labor?  Was the 
commission active and/or effective? 
 
 
 
Nothing of note. 
 
 
¶7. Did the government sign a bilateral, regional or international 
agreement to combat trafficking? 
 
 
 
No. 
 
 
2F) SOCIAL PROGRAMS TO ELIMINATE OR PREVENT CHILD LABOR: 
 
 
 
¶1. Did the government implement any programs specifically to 
 
address the worst forms of child labor?  Please describe. (Please 
note that DOL will not consider anti-poverty, education or other 
general child welfare programs to be addressing exploitive child 
labor unless they have a child labor component.) 
 
 
 
No. 
 
 
 
¶2. Did the country/territory incorporate child labor specifically 
as an issue to be addressed in poverty reduction, development, 
educational or other social programs, such as conditional cash 
transfer programs or eligibility for school meals, etc? Please 
describe. 
 
 
 
Yes, the 2006 - 2010 National Plan of Action specifically addresses 
child labor and its relationship to poverty. The plan determined 
that children living in poverty could be exploited in the 
workplace. 
 
¶3. Did the government provide funding to the programs described 
above? Please describe amount and whether it was sufficient to 
carry out the planned activities. 
 
 
 
The Ministry of Social Development and the Ministry of Education 
both received general budgetary allocations from which specific 
programming in this area is not easily defined. 
 
 
 
¶4. Did the government provide non-monetary support to child labor 
programs?  Please describe. 
 
 
 
The Ministry of Labor and Small and Micro Enterprise Development 
contracted with an NGO to provide intervention, rehabilitation, and 
reintegration services to children who scavenged at landfills. 
 
 
¶5. Provide any additional information about the status and 
effectiveness of the government's activities during the 
reporting period in relation to the programs described above. If 
the programs involved government provision of social services to 
children at risk of or involved in exploitive child labor, please 
describe and assess the effectiveness of these services. 
 
 
 
The government established the Children's Authority which is headed 
by a former Justice. The organization's mission is to protect 
children and prevent their exploitation. 
 
 
 
¶6. If the government signed one or more bilateral, regional or 
international agreement/s to combat trafficking, what steps did it 
take to implement such agreement/s? Did the agreement/s result in 
tangible improvements?  If so, please describe. 
 
 
 
None. 
 
 
 
2G) CONTINUAL PROGRESS: 
 
 
¶1. Considering the information provided to the questions above, 
please provide an assessment of whether, overall, the government 
made progress in regard to combating exploitive child labor during 
the reporting period.  In making this assessment, please indicate 
whether there has been an increase or decrease from previous years 
in inspections/investigations, prosecutions, and convictions; 
funding for child labor elimination policies and programs; and any 
other relevant indicators of government commitment. 
 
 
 
The government perceives what it describes as a low incidence of 
exploitive child labor practices in Trinidad and Tobago as a 
symptom of social problems stemming from poverty, and intervenes 
through limited inspections/investigations, awareness campaigns, 
and social programs to keep vulnerable youth off of the streets. 
 
 
 
Government representatives recognize that some children are 
involved in the sex trade and also scavenge for re-sellable items 
in landfills, however there is no tracking system to determine the 
actual number of children at risk, estimated to be quite small. 
Media and business leaders agree that this number is minimal. 
Children housed in the three youth-focused homeless shelters, 
nonetheless, share stories of participating in such activities. 
 
 
 
While children are not widely used as labor by formal companies, 
the government also recognizes that some children sell goods on the 
informal market and may perform domestic services to support 
themselves. The government points to a lack of human resources and 
 
social programming as challenges to address the conditions that 
allow for exploitive practices, but insists it is actively working 
to improve the situation. 
Kusnitz