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Minding Your Legal Affairs XXVIII: Child Labour

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What is Child Labour? The International Labour Organisation (ILO) defines it as work which deprives children of their childhood, potential and dignity, and which is harmful to their development.

It includes work that:

  1. Is mentally, physically, socially or morally dangerous and harmful to children; and
  2. Interferes with their schooling by:
    • depriving them of the opportunity to attend school;
    • obliging them to leave school prematurely; or
    • requiring them to try to combine school attendance with excessively long and heavy work.

While we might think of child labour as child enslavement, it extends to children required and or left to sell on the streets to sustain themselves.

Protections against Child Labour in Grenada’s legislative framework

1. Our Constitution: No person shall be required to perform forced labour;

2. The Education Act, Cap. 86:

  • Each person is entitled to receive an education appropriate to his needs;
  • Provides compulsory school ages of 5-16, inclusive;
  • Obliges the Chief Education Officer to ensure that every person of compulsory school age receives an education; and
  • Guarantees free public school education.

3. The Employment Act, Cap 89:

  • Repeats the forced labour prohibition;
  • Although compulsory school age includes 16-year-old children, the Employment Act prohibits work for children under age 16. Children are generally only permitted to work if on holiday job employment but in any event, except if enrolled in technical schools and part of on-the job training or such approved and supervised programme, or school-ships or training ships, no children are to be employed on vessels;
  • Requires the employer of persons under 18 years old to keep a register of such persons, and their dates of birth;
  • Requires any employer who takes on persons under age 18 for work aboard a vessel to obtain a medical certificate of fitness for such work, and a medical examination and certificate at the employer’s expense annually;
  • Persons under 18 years old are not to be employed or allowed to work between the hours of 9 pm and 6 am.
  • Penalties for breaching the prohibitions under the Employment Act range from $5,000 to $10,000 with imprisonment ranging from 6 months to 3 years.

4. The Electronic Crimes Act, No. 23 of 2013: Prohibits child pornography by anyone under age 18 and imposes a penalty: $200,000 or 5 years or both. While the prohibition is across the board, it applies where the pornography is part of “work”.

5. The Factories Act, Cap. 100: Defines a young person as being between ages 14 and 18, and it deems an apprenticeship as an employment. Some job areas falling within that Act: manufacturers, repairers, cleaners, alterers, adapting for sale any article, persons engaged in ornamenting, finishing, breaking up or demolition of an article. Unless expressly permitted by the Minister for Labour, no young person is to be employed in one of those areas.

6. The Child Protection Act, Cap. 44A: Provides a framework which allows reporting and institution of proceedings where the prohibitions mentioned above are found to be taking place, or the child’s rights mentioned above are being violated.

7. Prevention of Trafficking in Persons, Act 34 of 2014: Prohibits trafficking in human beings generally but also addresses trafficking in children. The results of your homework on the relevance of this issue in Grenada might surprise.

Grenada Bar Association

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CANQATE conference to tackle quality of tertiary education

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by Curlan Campbell, NOW Grenada

  • UWI Pro Vice-Chancellor and Principal to present on Implementing Quality Assurance Practices
  • CANQATE conference will be held on 22-24 October

Pro Vice-Chancellor and Principal of the University of the West Indies (UWI) Open Campus, Dr Luz Longsworth, is slated to present at the 16th Annual Caribbean Area Network for Quality Assurance in Tertiary Education (CANQATE) conference to discuss the evaluation, accreditation, and improvement of tertiary education in the region.

Addressing the topic “Implementing Quality Assurance Practices in the Caribbean Region: Opportunities and Challenges” Dr Longsworth joins keynote speakers Dr Leon Wilson — who will speak on the topic “The Regionalisation of Discipline-Specific Quality Practices: A Feasible and Desirable objective?” — and Rob May who will present on “International Credentials, Local Regulation.”

Other presenters include Registrar at the University of Guyana, Dr C Nigel Gravesande, who once served in the same capacity at the TA Marryshow College (TAMCC).

Established in 2004, CANQATE comprises external quality assurance agencies, including government ministries, state agencies, and higher education institutions. It was established to promote the development of tertiary education and to act as a conduit to promoting regional discourses on policy and programmes geared at quality assurance and quality enhancement.

The conference was last held in Trinidad and Tobago in 2018, and will be held in Grenada this year for the first time under the theme, “Creating an enabling environment for the pursuit of quality tertiary education: Opportunities and challenges.”

Pauline Finley – Executive Director of the Grenada National Accreditation Board

Pauline Finley, Executive Director, Grenada National Accreditation Board (GNAB), said there are many barriers affecting the delivery of tertiary education in the region and these barriers must be addressed. “Usually you have faculty qualifications and capacity of faculty. There are some barriers or issues related to the curriculum used at higher education institutions. There is also the issue of governance and capacity and the willingness of institutions to change as the demands of the graduates change, and then again you have the issue of access. Some student finds it very expensive to attend institutions.”

This year’s conference, she said, will provide an open discourse on strengths, threats, and challenges surrounding tertiary education. “We have quite a number of concurrent presentations, presenters will look at policies that govern institutions, they are going to talk about technical and vocational education. They are going to present their research findings and open discourse on issues as it affects graduates, institutions, and government,” she said.

Shane Mc Quilkin, Quality Assurance Officer, GNAB, said this year a lot of discussions will be centred around the quality of online education. “We really want to appease any kind of fear or hesitance that people may have that maybe in-classroom education is higher than online education, when really and truly as long as the quality is maintained, then there is really no difference between the two.”

The 16th Annual CANQATE conference will be held on 22-24 October 2019 at the Radisson Beach Resort. The conference will also provide secondary students with the opportunity to voice their concerns with regard to issues attaining tertiary education.

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Government prepared to bring 19-seater service to Carriacou

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The Government of Grenada is willing to invest, if necessary, to help improve airlift to Carriacou.

Prime Minister and Minister of Finance, Dr the Right Honorable Keith Mitchell is reassuring the people of Carriacou that government will do everything within its power to provide better options for travel between the two islands.

Providing an update on the planned operation of a 19-seater Twin-Otter aircraft which should have commenced service in mid-August, Dr Mitchell said, the engine of the aircraft has to be upgraded.

He was speaking to members of the business community and professionals at a special forum held in Hillsborough last Friday, and later reinforced the points in an interview with the Ministry of Carriacou and Petite Martinique Affairs.

Dr Mitchell said, “The investor who indicated his interest in servicing the islands, has already acquired the 19-seater aircraft. Following the assessment required for certification, he was informed that the engines had to be replaced, to meet international aviation standards. Now the Eastern Caribbean Civil Aviation Authority is responsible for the certification of aircraft and we must abide by their guidance; they are the experts.”

Adding further clarity on the status of the planned service, Dr Mitchell said, “We are therefore at the point where the investor must purchase new engines for the aircraft. He may have some financial challenges doing so and I have communicated to the Minister for Tourism and Civil Aviation, that if the need arises, government will make a contribution to help with the acquisition of new engines. Our interest is in providing a much-needed improved service for the people of Carriacou and our position demonstrates government’s commitment towards the tourism sector on the sister island.”

The Prime Minister further stated, “As a government, we believe that whatever is happening on mainland Grenada should be happening in Carriacou and Petite Martinique as well. This is why we are going to ensure that the operation of the bigger aircraft does in fact come to fruition.”

In related news, the Prime Minister has also given assurance that a new airport for Carriacou remains a long-term development plan but in the meantime, government is forging ahead with plans to extend the runway at the Lauriston Airport. This will enable the airport to accommodate 72-seater aircraft, something which is anticipated will boost travel activities to and from the island.

Dr Mitchell noted that with the operation of the Tyrell Bay Marina Project, Carriacou and Petite Martinique are already experiencing an increased number of visitors and people with resources which he believes will lead to major opportunities in the hotel and services sectors.

“With the expansion and further upgrade of the Lauriston Airport and the development of the Levera Project which will have implications in Carriacou and Petite Martinique, there will be further opportunities for the tourism sector to grow. The real task is for the people of Carriacou and Petite Martinique to be prepared appropriately for these developments,” the Prime Minister stated.

He also noted that training in the area of hospitality arts is a major priority area for Carriacou and Petite Martinique, in a bid to ensure that we improve the quality services offered on the islands.

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Grenadian marathon runner aspires to be selected for 2022 Commonwealth Games 

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by Curlan Campbell, NOW Grenada 

  • Vanessa Nair’s nickname is ‘GosforthGrenadian’ 
  • Has run several marathons, including London, Edinburgh and Great North Run
  • Wants to be selected to Team Grenada for Commonwealth Games 2022

On the international stage, Grenada’s flag continues to garner more and more recognition since the exploits of son of the soil Kirani James at the 2012 London Olympics. Since then, a number of Grenadian athletes including Kurt Felix, Lindon Victor, Rondell Bartholomew, Kanika Beckles, and most recently Anderson Peters — who captured gold in men’s javelin at Doha, Qatar — have shown that great things can emerge from this island nation.

However, while many people compete for glory and fame, Grenadian athletes compete for a much more selfless cause, to represent their country on the world stage. After emerging on the scene in the UK as a competitive marathon runner, Vanessa “Bungi” Nair has received international recognition for herself and the island of her birth for doing just that,

“Being able to represent Grenada and fly the Grenadian flag is something really special to me. I feel like we need to let people know that we are here too and we are not just sun, sea and sand”. I have accumulated lots of medals from different races. Some of them are special, some were difficult to get (I had to run while it snowed/rained) For some the terrain was very hilly. I like the design of some of my medals. My best medal so far is London; it is very big and heavy,” Nair wrote.

Nair was born in Grenada and attended the Grand Anse RC School and St Joseph’s Convent St George. In North America, she attended the Canarsie High School before returning to Grenada to attend the New Life Organisation (NEWLO). She migrated to England and pursued a Bachelor’s degree in Early Years and started her own childcare business. A sense of unfulfillment led her to undertake another challenge in her life with a renewed sense of purpose.

“I joined a running club (Newcastle Frontrunners) which was close to my home and started my half marathon training with them. I did my first ever half marathon in 2016. I thought that was it. I got the running bug and continued running with the club. The running club introduced me to many other running events. I continued to represent Grenada at every opportunity. The following year the Great North Run asked to do the run again (2017). By this time, I had applied for the London Marathon despite knowing that it is really hard to get into and it was a bigger challenge. I got rejected. I continued running different races. I applied the following year (2018) got rejected again and thought enough of this, I’ll just find another marathon. I secured a place on the ‘Liverpool Rock and Roll Marathon’. That was my first marathon in April 2018,” Nair wrote.

She continued, “I had to increase my running miles and train for this marathon. It was like doing two Great North Runs. I never thought I could do it, but I tried and I completed it. I wore a large Grenada flag around. I ran for 26.2 miles and I only heard one person who shouted ‘Go Grenada’. Sometimes people asked ‘which country’s flag is that?’ That inspired me more to represent Grenada. With my marathon training, I entered two popular, must-do marathons in the North East of England (Kielder Marathon, October 2018 and Town Moor Marathon, November 2018).”

Despite being rejected from taking part in the London Marathon two years consecutively, a stroke of luck saw her name drawn from a hat following her participation in a raffle and Nair took part in the London Marathon.

“God somehow wanted me to do it and at my running club’s AGM they were given one London Marathon place to raffle. I put my name in the hat (just like I did the previous year). Out of 13 entries, my name was pulled out of the hat! I was over the moon! I was going to be running the London marathon 2019! I have met runners who have been trying for 10+ years to get a place to run the London Marathon and they are still unsuccessful. I felt extremely lucky and proud that I would get to represent Grenada again. I did the Virgin Money London Marathon and was super proud to have competed in one of the world’s major marathons (Berlin, New York, Chicago, Tokyo, Boston).”

After receiving the nickname ‘GosforthGrenadian’ following her participation in the Great North Run, Nair was recognised by the Great North Run Company since it came as a surprise that a Grenadian was living and competing in Newcastle. The Great North Run half marathon is considered the largest half marathon in the world and it takes place every September between Newcastle and South Shields.

Vanessa “Bungi” Nair – Grenadian marathon runner in the UK

For her tenacity and drive to compete, Nair was used as a poster girl for the company and was a guest speaker at the 2017 Great North Run annual conference held in Newcastle. She was also part of the Birmingham City Council’s bid to host Commonwealth Games 2022. But her passion for long-distance running only recently manifested after being convinced to sign up to participate in The Great North Run, upon noticing an ad in the local newspaper.

“It was there, while at work one day a colleague noticed an ad in the local newspaper calling for people from all countries in the world to take part in ‘The Great North Run’. The Great North Run in an annual half marathon (13.1 miles) in the northeast of England. It was once the largest half marathon in the world, now it is the world’s favourite run based on the success they had when they launched the campaign to find someone from every UN-recognised country in the world,” Nair wrote. “My colleague suggested I sign up for it. I said, no, because I am not a runner and 13.1 miles is way too much for me to even think of running. I normally run to bed after work. I was never a runner, and I was always last in cross-country at school.”

Nair has now set her eyes on tackling her newest challenge yet, which is to compete at the upcoming Commonwealth games 2022. “I would love to represent Grenada at the Commonwealth Games 2022. It would be a dream and an honour. I would continue to do the country proud. I think I should be considered being part of the team as I was part of the bidding process. I am not sure if Pure Grenada and the Grenada Olympic Association or whoever makes the selection is aware of how proudly I represent Grenada. If I get selected to be part of Team Grenada at the Commonwealth Games 2022, it would give hope to any aspiring athlete that they can achieve big things too. Just try something new, you never know where you will end up.”

With the 2022 Commonwealth Games still a long way ahead, Nair has placed focus on competing at the Amsterdam Marathon on Sunday, 20 October.

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