The use of child labour, often under extremely cruel circumstances, is a growing worldwide problem. The need to supplement family income, coupled with a disregard for the rights and protections of children, are powerful factors driving the child labour market in many countries. Children are easily exploitable and can be employed at low wages, without the protection of labour unions and with absolutely no security of tenure.

The Act begins by defining “child” as a person under the age of 14 years. With respect to those children under 12, the Act then prohibits employment of any kind, except where such children are employed by his parents or guardians in domestic work at home, or in light agricultural or horticultural work on the land or garden of the parent or guardian.

With respect to children over 12 and under 14 years of age, the Act provides that they must not be employed:

• before the close of school hours on any school day
• before 6:00 a.m. or after 8:00 p.m. on any day
• for more than 2 hours on any school day
• for more than 2 hours on any Sunday;
• to lift, carry or move anything so heavy as to be likely to cause injury
• in any occupation likely to be injurious to life, limb, health or education

Anyone who violates these guidelines may be liable on summary conviction to a fine of up to $1,000. However, the Act provides exceptions where (a) the child takes part in a non-profit entertainment event for educational or charitable purposes, without payment, or (b) the work is done in a technical school.

The Act confers responsibility for enforcing the Act on the Labour Commissioner, and gives him the right to bring prosecutions in the Magistrate’s Court. He or his authorized agents may also enter upon premises and make enquiries to ensure that the Act is being complied with. Any person who refuses him admission to the premises, or obstructs him from performing his duties, is liable on summary conviction to a fine of up to $1,000.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, The Babrow Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.

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