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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The Committee notes with interest that the Employment and Industrial Relations Code 2015 (EIRC) entered into force on 1 November 2016. It further notes the Employment and Industrial Relations Code (Amendment) Act 2017.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for pornography or pornographic performances. The Committee previously noted that section 118(g) of the Employment and Industrial Relations Code 2015 (EIRC) prohibited the use, procuring or offering of a child for the production of pornography or for pornographic performances. It requested the Government to provide information on the application in practice of this section, once the EIRC entered into force.

The Government indicates in its report that there have been no reported cases relating to section 118(g) of the EIRC, which entered into force on 1 November 2016.

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 sections 118(h) and (i) of the EIRC prohibited the use, procuring or offering of a child for illicit activities and for the production or trafficking of illegal drugs, respectively. It requested the Government to provide information on the practical application of these sections, once the EIRC entered into force.

The Government indicates that there is little mechanism in place for enforcing sections 118(h) and (i) of the EIRC. The Committee requests the Government to take the necessary measures to ensure that sections 118(h) and (i) of the EIRC are effectively enforced, and to provide information on their application in practice.

Clause (d) and Article 4. Hazardous work and determination of types of hazardous work. In its previous comments, the Committee noted that cases of children engaged in hazardous work had been reported, in activities such as stevedoring, loading and unloading of cargo ships, and some hazardous fishery work. It also noted that under the Minimum Age Convention, 1973 (No. 138), section 117(1) of the EIRC prohibited the employment of children under 18 years of age in hazardous work and that a draft list of hazardous work was under review by the Ministry of Employment and Human Resource (MEHR). The Committee requested the Government to continue to provide information on the progress made in this regard.

The Government indicates in its report under Convention No. 138, that the MEHR, with the assistance of the ILO and other relevant stakeholders, has developed a list of hazardous work which is currently under review by the Attorney General’s Office before adoption by the Cabinet.

The Committee takes note of the rapid assessment conducted in Tarawa in 2012 with the ILO–IPEC through its TACKLE programme in Fiji, and annexed to the Government’s report, which identified 28 children (mostly boys) performing activities such as selling goods on the street, working in mechanical garages or boat sheds, and mixing cement. Most of these 28 children started working between 15 and 17 years of age; more than one third stated that they had some work-related injuries. The survey 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 (pages 8–10 and 38–52).

The Committee also notes that the Kiribati Social Development Indicator Survey (KSDIS), carried out in 2018–19 by the Kiribati National Statistics Office in collaboration with the Ministry of Health and other government ministries, indicated 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 trusts 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 that the MEHR, primarily responsible for eliminating the worst forms of child labour, had not carried out any labour inspection to specifically monitor and eliminate child labour issues due to the lack of specialists available, and because it exclusively deals with the establishment of employment contracts and inspection of employment registers. It requested the Government to take measures to effectively monitor and eliminate the worst forms of child labour.

The Government indicates that during their inspections, labour inspectors ensure that staff lists are provided by the employer along with the job description, to ensure that children under the age of 18 years do not work in hazardous environments. However, the Government states that there are few mechanisms to enforce the requirement for employers to provide employment registers, and acknowledges the gaps and limitations in the procedures and actions taken by labour inspectors during their inspections.

The Government plans to incorporate employment conditions into business registration and licensing procedures, to ensure that businesses are aware of their obligations under the law, including the prohibition of the worst forms of child labour. It further states that it is currently in discussion with the Kiribati Police Service and the Ministry of Women, Youth, Sports and Social Affairs to cooperate in addressing any issues relating to the worst forms of child labour. The Government will consider initiating inspections in areas where there is a high risk of the worst forms of child labour, such as kava bars and nightclubs.

The Committee wishes to recall the importance of appropriate mechanisms to secure the enforcement of legal provisions on the worst forms of child labour. The Committee therefore encourages the Government to take the necessary measures to ensure that labour inspectors are provided with sufficient resources and capacity to effectively monitor and eliminate the worst forms of child labour. It requests the Government to provide information in this regard. It also requests the Government to provide information on the progress made with regard to the collaboration with the Kiribati Police Service and the Ministry of Women, Youth, Sports and Social Affairs to monitor the worst forms of child labour.

Article 7(1). Penalties. The Committee notes that section 118(1) of the EIRC on the prohibition of the worst forms of child labour other than hazardous work, as amended in 2017, prohibits: all forms of slavery or practices similar to slavery; the sale or trafficking of children domestically and internationally; debt bondage and serfdom; forced or compulsory labour; compulsory recruitment of children for use in armed conflict; the use, procuring or offering of a child for prostitution and for the production of pornography or for pornographic performances, the distribution and possession of child pornography and the financial gain from the use of children in prostitution; and the use, procuring or offering of a child for illicit activities and for the production or trafficking of illegal drugs. Section 118(2) provides that any person who contravenes section 118(1) shall be liable to a fine of $5,000 or a term of imprisonment of ten years, or both. The Committee wishes to recall 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 accordingly requests the Government to ensure that sufficiently effective and dissuasive sanctions of imprisonment and not just fines are applied in practice for the worst forms of child labour prohibited under section 118(1) of the EIRC. It also requests the Government to provide information in this regard.

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 secondary school fees and other costs were considered expensive and that some children were out of school because of the costs. It noted the adoption of the Education Act No. 12 of 2013. It requested the Government to provide information on the measures taken to improve the education system and facilitate access to free basic education.

The Government indicates that there is no information on the measures that have been taken in this regard and acknowledges the high costs associated with education.

The Committee notes that, according to the 2018–19 Kiribati Social Development Indicator Survey, the primary school net attendance ratio was 95.8 per cent (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). It further notes the Government’s statement, in its report to the Committee on the Rights of the Child of March 2020, that the Government allocates a large part of its annual budget to the Ministry of Education, and that the Kiribati Education Improvement Programme (KEIP) aims to improve education, teaching systems and infrastructure, for example through free resources such as textbooks (CRC/C/KIR/2-4, paragraph 19). Furthermore, the Government indicates in its report to the Human Rights Council of November 2019 for the Universal Periodic Review that it has developed a National Education Policy Framework in 2017 which provides for a comprehensive guide for education in Kiribati, in order to ensure access to inclusive and quality education, to implement the Education Act and to monitor its implementation. The Government has also adopted an Inclusive Education Policy in 2015. Free transport is provided to all outer islands and the Ministry of Education is in the process of acquiring more school buses (A/HRC/WG.6/35/KIR/1, paragraphs 111, 113 and 114). Taking due note of the measures taken, the Committee encourages the Government to pursue its efforts to facilitate access to basic education free of charge, at the primary and secondary levels for all children, with special attention to boys, and to provide information in this regard. It also requests the Government to indicate the impact of the above-mentioned KEIP, National Education Policy Framework and Inclusive Education Policy in improving access to free basic education.