CMNT_TITLE

Worst Forms of Child Labour Convention, 1999 (No. 182) - Kiribati (RATIFICATION: 2009)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 118(h) and (i) of the Employment and Industrial Relations Code, 2015 (EIRC) prohibited the use, procuring or offering of a child for illicit activities and for the production or trafficking of illegal drugs, respectively. The Government indicated that there is little mechanism in place for enforcing section 118(h) and (i) of the EIRC.

The Committee notes the Government’s statement in its written information to the Conference Committee that future trainings and capacity building activities for labour inspectors will ensure the effective enforcement of the provisions of the EIRC. The Committee encourages the Government to take the necessary measures to ensure the effective implementation of section 118(h) and (i) of the EIRC. It requests the Government to provide information on the measures taken in this regard, as well as information on the application in practice of sections 118(h) and (i) of the EIRC.

Clause (d) and Article 4. Hazardous work and determination of types of hazardous work. In its previous comments, the Committee noted that section 117(1) of the EIRC prohibited the employment of children under 18 years of age in hazardous work. The Committee noted that the ILO-IPEC rapid assessment identified potential hazardous activities that many of the children engage in, such as mixing cement, working as a seafarer, selling on the roadside, loading and unloading cargo, working in bars and hotels, and climbing trees for toddy drinks, all for long hours and in unsafe conditions. The Committee also noted from the Kiribati Social Development Indicator Survey carried out in 2018–19 that 14.9 per cent of children performed work under hazardous conditions (19.7 per cent for boys and 9.9 per cent for girls). The Committee further noted the Government’s indication that the Ministry of Employment and Human Resource (MEHR) with the assistance of the ILO and other relevant stakeholders, had developed a list of hazardous work which was under review by the Attorney General’s Office before adoption by the Cabinet.

The Committee notes from the Government’s written information to the Conference Committee that the Regulation on the list of Hazardous Activities prohibited to children under 18 years will soon be finalised. The Committee hopes that the list of hazardous types of work prohibited for children under 18 years of age will be adopted and enforced in the near future, and requests the Government to provide a copy of the list, once adopted. It also requests the Government to provide information on the number of violations detected and penalties imposed with regard to hazardous work performed by children under 18 years of age.

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s statement that there were few mechanisms to enforce the requirement for employers to provide employment registers, and it acknowledged the gaps and limitations in the procedures and actions taken by labour inspectors during their inspections. The Government indicated that discussions were underway with the Kiribati Police Service and the Ministry of Women, Youth, Sports and Social Affairs (MWYSSA) to cooperate in addressing any issues relating to the worst forms of child labour. Recalling the importance of appropriate mechanisms to secure the enforcement of legal provisions on the worst forms of child labour, the Committee encouraged the Government to take the necessary measures to ensure that labour inspectors were provided with sufficient resources and capacity to effectively monitor and eliminate the worst forms of child labour.

The Committee notes from the Government’s written information to the Conference Committee that the MEHR responsible for the implementation of the EIRC have four inspectors. These inspectors have carried out 526 inspections from 2017 to 2020 and have detected violations in 303 enterprises concerning conditions of employment such as hours of work, non-payment of wages and unfair terminations. The Government indicates that labour inspections have not been extended to the private and informal sectors and in sectors identified as places of high risk of child labour, such as fishing vessels, kava bars, street vending, domestic works and night clubs.

The Committee also notes the Government’s information in its report that in August 2021, the labour inspectors initiated a pilot inspection throughout South Tarawa with a focus on places of high risk of child labour and found nine children between 10 and 16 years involved in hazardous work related to street vending and work during late hours. These children were referred to the Kiribati Police Service (KPS) and the MWYSSA for respective actions and follow-ups. The Committee notes that the Government provides a copy of the recently developed check-list which is used for inspections on the worst forms of child labour. Moreover, discussions are underway between the MEHR, Ministry of Finance and Economic Development and the Public Service Office on allocating more resources to labour inspectors, conducting specific trainings to identify the worst forms of child labour and recruiting more staff to assist in monitoring the worst forms of child labour. In addition, the KPS and MWYSSA have initiated discussions on conducting a joint inspection programme to places considered as high risk, after having received the appropriate training and capacity building. The Committee finally notes the Government’s information that following the recommendations of the Committee of the Decent Work Advisory Board (DWAB), a Child Labour Task Force will be created with relevant stakeholders for the effective enforcement of the Convention. The Committee requests the Government to provide information on the establishment of the Child Labour Task Force and its functioning as regards the identification and elimination of the worst forms of child labour. It also strongly encourages the Government to take the necessary measures to ensure that the labour inspectors and the KPS are provided with the appropriate training, sufficient resources and capacity to effectively monitor the worst forms of child labour, including in the informal sector and in areas where there is a high risk of the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard, as well as extracts from reports or documents indicating the extent and nature of the violations reported relating to children and young persons involved in the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted that the penalties established under section 118(2) of the EIRC for the contravention of the prohibition of the worst forms of child labour under section 118(1) relate to a fine of 5,000 dollars or a term of imprisonment of ten years, or both. The Committee recalled that, given the seriousness of the worst forms of child labour and the dissuasive effect that the penalties should have, legislation providing for the possibility of a fine alone cannot be considered effective.

The Committee notes the Government’s information that the Office of the Attorney General will conduct the necessary consultations with the social partners and the DWAB to ensure that the EIRC is consistent with the Convention. The Committee accordingly expresses the firm hope that the necessary measures will be taken, both in law and in practice, to ensure that sufficiently effective and dissuasive sanctions are imposed on the perpetrators of the worst forms of child labour prohibited under section 118(1) of the EIRC. It requests the Government to provide information on the measures taken in this regard and on the application in practice of section 118(2) of the EIRC, indicating the type of sanctions imposed.

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 the Education Act No. 12 of 2013 provides for free and compulsory education at the primary and junior secondary school and provides for penalties for its contravention. It also noted that according to the 2018–19 Kiribati Social Development Indicator Survey, the primary school net attendance ratio was 94.8 per cent for boys and 96.9 per cent for girls and the junior secondary school net attendance ratio was 73.2 per cent for boys and 87.7 per cent for girls (pages 257 and 259).

The Committee notes the Government’s information that the Ministry of Education (MoE) through its Policy Planning and Research Development Division has conducted awareness raising on the Education Act in almost all Islands, except Line and Phoenix Islands, which is targeted to be completed by this year. In addition, the MoE developed the Logic Framework for the Education Sector Strategic Plan (ESSP) 2020-2023, with the aim to strategically, and efficiently support the delivery of quality education, to make all schools accessible and well resourced, and to provide access of all school-age children in Kiribati to high quality education. The Committee also notes the information from the 2018 Global Partnership for Education, that the Pacific Islands Education Ministers’ Forum, in which Kiribati participates, adopted the Pacific Regional Education Framework (PacREF) 2018-2030: Moving Towards Education 2030. This framework aims to promote equitable access to high quality education and encourages inclusivity and opportunities for equal access to informal, primary, secondary and tertiary education and training. The Committee further notes that according to the UNESCO estimates the net enrolment rate at the primary level was 96.1 per cent in 2020. Considering that education is key in preventing children from being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education, at the primary and secondary levels for all children. It requests the Government to continue to provide information on the measures taken in this regard as well as its impact, including within the framework of the ESSP and PacREF in improving access to free basic education.