Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously noted the Government’s indication that the worst forms of child labour do not exist in Seychelles. It had also stated that the children of Seychelles have long been seen as the inspiration to continued social development and prosperity. The Committee had pointed out that, even in the absence of the worst forms of child labour, Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour so as to make sure that they do not occur in the future. The Committee consequently requests the Government to provide a general overview of any measures taken or envisaged to ensure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had noted that, by virtue of section 245 of the Penal Code, kidnapping or abduction in order to subject a person to grievous harm, slavery or prostitution, is a felony. Noting the Government’s indication in its initial report to the Committee on the Rights of the Child in May 2002 (CRC/C/3/Add.64, paragraph 508), that “[r]eports of trafficking or harbouring of children with a view to using them for sexual exploitation, though very few, is an area of concern”, the Committee had requested the Government to provide information on such incidents and on the steps taken to eliminate such worst forms of child labour. The Committee noted the absence of information in the Government’s report on this point. The Committee once again requests the Government to provide more information on the incidents of trafficking or harbouring of children for sexual exploitation and the steps taken to eliminate this worst form of child labour in accordance with the provisions of the Convention including, for instance, by means of law enforcement and the provision of remedies for victims.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. The Committee had previously noted sections 138–146 of the Penal Code, according to which procuring or attempts to procure a girl or a woman under 21 years of age for prostitution is a misdemeanour. It had also noted that, under section 172 of the Penal Code, the production, making and possession of obscene matter, as well as the public exhibition of any indecent shows or performances are misdemeanours. The Committee noted that the Government has not replied to its previous comment and therefore once again requests the Government to indicate whether legislative provisions exist to protect boys under 18 from being used, procured or offered for prostitution or pornography.

Article 3, clause (d), and Article 4(1). Hazardous work and determination of hazardous work. Following its previous comments, the Committee noted the Government’s indication that the Department of Employment is working on a new provision to be included under the Conditions of Employment Regulations to ensure that the health, safety and morals of children under the age of 18 years are not exposed to any hazards. The Committee hopes that the above amendment will be adopted promptly and requests the Government to send a copy of same once it has been adopted.

With respect to the types of employment or work that should be prohibited to young persons under 18 years of age, the Committee had previously observed that section 22 of the Conditions of Employment Regulations provides for the prohibition of limited categories of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18. It had requested the Government to indicate the steps taken to determine the types of hazardous work prohibited to young persons under 18 years. The Committee noted that the Government’s report contains no reply to this point. The Committee reminded the Government that, by virtue of Article 4(1), of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again requests the Government to indicate the steps taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Article 6(1). Programmes of action to eliminate the worst forms of child labour. The Committee had noted the information provided by the Government, according to which the social security system, by providing a safety net for children and their families, especially where household income is below the established subsistence level, prevents children from having to look for other income to support themselves and their families. The Committee once again requests the Government to provide further information on the social security system. It also requests the Government to indicate whether or not it envisages taking other programmes of action, in conformity with Article 6(,) of the Convention. Moreover, the Committee asks the Government to provide information on tripartite consultations that have been held as regards the need for the creation of any programmes of action.

Article 7(2). Effective and time-bound measures. The Committee had previously noted that the Government has not provided information on the existence of time-bound and effective measures to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. Noting the absence of information in the Government’s report on these points, the Committee once again requests the Government to supply information on measures taken or envisaged, as required under Article 7, clauses (a)–(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Part V of the report form. The Committee had previously noted that, in its concluding observations on the initial report of Seychelles in May 2002 (CRC/C/15/Add.189, paragraph 50), the Committee on the Rights of the Child expressed its concern about “the lack of data and information on the problem of sexual exploitation, including child prostitution and pornography” and had recommended the State party to undertake a comprehensive study of child sexual exploitation and prostitution which assesses the magnitude of the problem, proposes possible solutions that address its root causes and evaluates the availability and appropriateness of services for the care and protection, recovery and social reintegration of the victims, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congress Against Commercial Sexual Exploitation of Children. The Committee encourages the Government to compile and provide accurate data on child sexual exploitation. The Committee also requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and to provide 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, the number and nature of infringements reported, and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.