CMNT_TITLE

Worst Forms of Child Labour Convention, 1999 (No. 182) - Seychelles (RATIFICATION: 1999)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. The Committee previously observed that there did not appear to be a provision that specifically prohibits trafficking of children under the age of 18 years for labour and sexual exploitation. The Committee noted that a national committee was set up by the Attorney-General’s Office to undertake necessary action to harmonize all national laws with the Convention.

The Committee notes the Government’s indication that the Social Affairs Department is working in collaboration with the United Nations Office on Drugs and Crime (UNODC) in order to draft laws on trafficking in persons. The Committee requests the Government to take immediate and effective measures to ensure that national legislation prohibiting the sale and trafficking of children under 18 years of age for labour and sexual exploitation is adopted as a matter of urgency, and to provide for sufficiently effective and dissuasive penalties in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performance. Prostitution. The Committee previously observed that the use of children, both boys and girls under 18 years of age, for prostitution, for example, by a client, did not seem to be prohibited. The Committee reminded the Government that Article 3(b) of the Convention requires member States to ensure that the use, procuring or offering of both boys and girls under 18 years of age for prostitution is strictly prohibited.

The Committee notes the Government’s indication that the new laws on trafficking in persons will also include provisions to ensure that the use of children under 18 years of age for prostitution is prohibited. The Committee requests the Government to take immediate measures to ensure that the new laws on trafficking are adopted as a matter of urgency and include provisions prohibiting the use of children under 18 years of age for the purpose of prostitution.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous work. The Committee previously expressed the hope that the draft Bill containing provisions prohibiting the employment of children under the age of 18 years in hazardous work would be adopted in the near future.

The Committee notes the Government’s indication that the draft Bill is expected to be adopted in 2014. In addition, the Committee notes that a tripartite workshop was conducted in August 2013 in the Seychelles in the framework of the technical assistance programme, the Special Programme Account project (SPA). It notes with interest that this technical assistance resulted in the drafting of a zero draft list of hazardous types of work for children under 18 years of age. This list includes such types of work as: the handling of or exposure to any harmful chemicals or substances; building, demolition and removal of debris; handling animal waste or sewage; working in landfills and garbage trucks; working underwater; working in confined spaces; transportation and handling of dangerous goods and packages; taking care of patients in medical establishments; and working as a petrol station attendant. In this regard, the Committee notes the indication contained in the mission report of the tripartite workshop conducted in the framework of the SPA, according to which the Ministry of Labour and Human Resource Development (MLHRD) wishes to formalize this list by November 2013. The Committee requests the Government to provide a copy of the adopted list of hazardous types of work along with its next report.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that, since 2010, the Ministry of Education has introduced a technical and vocational education and training (TVET) programme for secondary school students aged at least 16 years who have academic difficulty in following the school curriculum, which serves as a means to deter students who are academically weak from dropping out of school. The Committee noted, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 23 January 2012 (CRC/C/SYC/CO/2-4, paragraph 59), remained concerned at the high drop-out rates, truancy and absenteeism, especially among boys, and inadequate vocational training for girls.

The Committee notes the Government’s information that the initial number of students in the TVET programme was 139, and that 91 of these students successfully completed the programme. The Government indicates that enrolment in the TVET programme has increased from 2012 to 2013, that the gap between enrolment rates has been reduced, and that the TVET programme will eventually be offered to all students, including those who are better performing. Moreover, the Government indicates that the Education Sector Medium Term Strategy for 2013–17 includes TVET as a cross-cutting issue. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to pursue its efforts to decrease the drop-out rates and reduce the number of out-of-school children, paying special attention to boys, as well as to take measures to provide adequate vocational training for girls.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child trafficking and commercial sexual exploitation. The Committee previously noted that the CRC, in its concluding observations of 23 January 2012 (CRC/C/SYC/CO/2-4, paragraphs 63 and 65) expressed concern at the lack of mechanisms to identify child trafficking victims and provide them with protection and rehabilitation services. It also noted that the CRC expressed deep concern at the prevalence of sexual exploitation of both boys and girls, and the incidence of child sex tourism and the lack of data on the victims of these violations.

The Committee notes the Government’s indication that it is taking steps to put facilities in place for the rehabilitation of victims of trafficking and commercial sexual exploitation. In addition, the Government indicates that the Social Affairs Department is collaborating with the Ministry of Education to identify children who may be at risk of sexual exploitation. Both ministries have joint and targeted intervention strategies to better address the needs of these children and to take remedial action, including rehabilitation programmes. The Committee requests the Government to provide concrete information on the intervention strategies and rehabilitation programmes aimed at providing direct assistance to child victims of trafficking and commercial sexual exploitation, and on the number of these children who have been effectively rehabilitated and socially integrated.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the CRC, in its concluding observations (paragraphs 22, 61 and 63), expressed concern at the lack of information on the employment of children in the informal economy and the tourism industry, at the lack of data on the number of complaints, investigations and prosecutions with regard to the commercial sexual exploitation of children, and at the lack of an effective system of data collection which allows for assessment, analysis and evaluation of the situation of children in the country. The Committee noted the Government’s intention to seek technical assistance from the ILO to undertake a study on child labour.

The Committee notes the Government’s information that it still does not possess data on the worst forms of child labour. The Committee strongly urges the Government to take the necessary measures to ensure that sufficient data on the involvement of children in the worst forms of child labour, in particular trafficking and commercial sexual exploitation, are available. It once again requests the Government to provide statistical information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied.