Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1 of the Convention. The Committee had previously noted the Government’s indication that the legislation protecting children in employment was inadequate and that proposals to replace the legislation were due to be submitted to the Government for approval. It had noted the Government’s information that, following changes in the structure of the Government of the Island, the Commerce and Employment Department is the lead authority on the review of legislation on the employment of children and young persons. This review would take account of existing insular legislation, the provisions of Convention No. 182, and the Convention on the Rights of the Child. The Committee notes the Government’s information that the review of insular legislation remains an ongoing work stream for the Commerce and Employment Department. According to the Government, it has not yet been possible to progress this matter. The Committee draws the attention of the Government to Article 1 of the Convention that requires member States which have ratified the Convention to take “immediate” measures to prohibit the worst forms of child labour “as a matter of urgency”. The Committee hopes that the draft legislation will be adopted as a matter of urgency and requests the Government to provide a copy thereof once it has been adopted.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously asked the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children in conformity with Article 3(a) of the Convention and to supply the text of any relevant legislation. The Committee notes, once again, the Government’s reference to the draft framework of proposed new legislation on the employment of children and young persons that is intended to address this issue. Noting that the Government has not supplied a copy of this text, the Committee once again requests it to supply a copy thereof with its next report.

2. Forced or compulsory labour. Following its previous comments, the Committee notes that article 4 of the Human Rights (Bailiwick of Guernsey) Law, 2000, prohibits slavery and forced labour.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously requested the Government to inform it on the measures taken or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution. It had noted the Government’s information that the draft framework for insular legislation on the employment of children and young persons includes provisions relating to prostitution. Noting that the Government has not supplied a copy of this text, the Committee once again requests it to supply a copy thereof with its next report.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Protection of Children (Bailiwick of Guernsey) Law of 1985 protects children from acts of gross indecency and from pornography and involvement in pornography. It had also noted the Government’s information that the draft framework for insular legislation on the employment of children and young persons is intended to provide more comprehensive protection. Noting that the Government has not provided a copy of the Protection of Children (Bailiwick of Guernsey) Law of 1985, the Committee once again requests it to supply a copy thereof with its next report.

Clause (d) and Article 4. Hazardous work. The Committee had noted the Government’s information that the draft framework for insular legislation on the employment of children and young persons provides for the list of prohibited employment to be varied by statutory instrument. As the framework is developed, the provisions of Paragraph 3 of Recommendation No. 190 would be taken into consideration. The Committee notes the Government’s indication that the framework includes a preliminary list of hazardous work to be prohibited for children under the age of 18 years. It once again requests the Government to keep it informed with regard to the adoption of the list of types of hazardous work to be prohibited for children under 18 years of age.

Article 5. Monitoring mechanisms. The Committee had previously noted that the States Children Board, the States Education Council and the Board of Industry have various responsibilities for the monitoring of children engaged in employment. It had requested the Government to provide a copy of the Children and Young Persons (Guernsey) Law of 1967. It had noted the Government’s information that this legislation was proposed to be replaced and that appropriate recommendations were due to be presented to the Government. The Committee notes the Government’s information that a draft of new legislation is currently with the Health and Social Services Department for comment. Noting that no copy of the Children and Young Persons (Guernsey) Law of 1967 was sent to the Office, the Committee once again requests the Government to supply a copy of this Act with its next report. It also requests the Government to keep it informed on any progress in adopting the draft new legislation that will replace the Children and Young Persons (Guernsey) Law of 1967, and to provide a copy thereof as soon as it has been adopted.

Article 7, paragraph 1. Penalties. The Committee had previously noted the Government’s information that it was proposed that any new legislation on the employment of children and young persons would allow for penalties that included a fine, imprisonment, or both. It requests the Government to provide further information on the applicable penalties which give effect to this Convention.

Article 8. International cooperation. The Committee had previously noted that Guernsey provides assistance with a number of projects to a variety of countries through the work of the Overseas Aid Committee. It notes the Government’s information that overseas aid is now the responsibility of the Overseas Aid Commission. It also notes the Government’s reference to the Overseas Aid Commission’s Annual Report of 2006, which was submitted to the States of Guernsey by the Policy Council. Noting that a copy of the Overseas Aid Commission’s Annual Report of 2006 has not been supplied by the Government, the Committee requests it to provide a copy thereof with its next report.