Individual Case (CAS) - Discussion: 2021, Publication: 109th ILC session (2021)

Written information provided by the Government

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution

The Government of Kiribati ratified the Convention for Worst Forms of Child Labour in 2009 indicating its strong stance to eradicate all worst forms of child labour in the country.

In 2015, the Employment and Industrial Relations Bill was adopted by Parliament and recently gazetted in 2019.

The Ministry of Employment and Human Resource responsible for implementation of this act has employed four inspectors. These inspectors have carried out a total of 526 inspections from 2017 to 2020. Out of these inspections, 303 of these businesses show continuous non-conformity to conditions of employment such as hours of work, unpaid wages and unfair terminations. In conducting labour inspections, inspectors have developed a schedule to conduct inspections of all businesses in Kiribati. The lists of registered businesses are provided by the Ministry of Commerce and Industry and Cooperatives. Labour inspectors are working with the Police Department for prosecutions of the more serious ongoing non-compliance. Till date the police indicate along with records of cases in judiciary that there are still no cases regarding prosecution on child labour.

Moreover, social partners along with relevant stakeholders in conjunction with the Government realize the crucial need of better coordination in combating 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 Government notes the lack of enforcement mechanisms in place in combating worst forms of child labour. Adoption of regulations on lists of light work and hazardous work will assist in combating activities relating to worst forms of child labour. Also future trainings and capacity-building for labour inspectors will ensure competency of officers in conducting awareness on activities prohibited in the EIRC and also in effective implementation/enforcement of the code.

Clause (d) and Article 4. Hazardous work and determination of types of hazardous work

While the Government acknowledges the findings from the studies conducted and reports submitted indicating that there are worst forms of child labour in Kiribati; the Government is still finalizing the amendment of the minimum age and preparing the reading of the Bill to enact the amendment in the upcoming Parliament session in August 2021, which will be followed by the finalization of the Regulation to List of Hazardous Works and Lights Works for Children. The findings will be the baseline for these legislative reform initiatives as the Government shares the concern from stakeholders about the predicament of children working in these harsh conditions, environment and the impacts it will have on them, if they are not protected accordingly.

Labour inspections have not been extended to the private and informal sectors and in sectors indicated in the studies and reports to be the place where there is high risk of illegal child labour, such as in fishing vessels, kava bars, street vending, domestic works and night clubs. Recent discussions with the social partners in the 2019–20 Decent Work Advisory Board meetings, indicates a need for proper technical assistance in the development of tools and regulations for combating worst forms of child labour for these sectors. Labour inspectors also require proper capacity-building on this type of inspection to ensure these activities are clearly identified to ensure successful prosecution.

Domestic work such as toddy cutting and processing of seafood, working with uncontrolled animals are some of the normal occurrences in a traditional domestic setting of Kiribati societies and families. Regulating these works for children at a young age will be detrimental to the skill set required by the youth in order to survive on an atoll, especially for those living in the outer islands in rural settings as well as a breakaway from the norms of Kiribati culture This is why the lists of hazardous work and light work regulations that the Government has stated earlier has been noted by the tripartite partners in the DWAB meetings to require further consultation to ensure that it is applicable to the context of Kiribati.

The Government however further reiterates the need for capacity-building for labour inspectors and the technical assistance required for development of an effective and contextual inspection system and procedure specifically for combating worsts forms of child labour.

Article 5. Monitoring mechanisms

The Ministry of Employment and Human Resource has already initiated discussion with the Kiribati Police Force and MWYSSA on a joint inspection programme to places considered of high risk. This includes places such as kava bars, night clubs and prostitution on foreign fishing vessels. Inspection in these high-risk areas however has not started. The Government notes the importance of the adoption of relevant regulations and the required training/capacity-building as crucial initially before commencing in these inspections.

Article 7(1). Penalties

The Government notes the recommendation of the Committee in regard to the penalties imposed by the EIRC for cases of worst forms of child labour and ensure sufficient effective and dissuasive sanctions of imprisonment are applied for these cases. The Government will conduct consultations on this recommendation with the DWAB and provide updates in its next reporting cycle.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms of child labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation

MWYSSA is currently developing a child protection referral pathway that will be coordinated by the Child Protection Working Group, that comprises key related ministries, the Kiribati Police Service, non-governmental organizations and communities. This pathway will be crucial to the protection of children in Kiribati. The bodies involved play a key role in providing protection and immediate assistance. The CPWG is still to be adopted by the Government.

Currently there no known cases of children who have been removed from commercial sexual exploitation and provided with rehabilitation and social integration.

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 Kiribati Education Act stipulates for children of compulsory age to free enrolment and free education in primary and junior secondary schools. The Act also obligates parents to enroll children into schools each year during compulsory education periods. Children are also not to be refused enrolment on discriminatory bases such as gender, religion, race or disability. There are some key programmes conducted by the Government to ensure this is implemented, through capacity-building of teachers on inclusion and gender in education; measures also include the national curriculum based on inclusive education.

In addition, the AUSAID project Kiribati Education Improvement Program was initiated in 2010 and started its programme in 2011. The project was done in three phases, which involved the rehabilitation of primary schools in the outers islands, in the Line Islands and in South Tarawa. Some of the programmes also included providing technical assistance and funding in curriculum reformation, capacity-building for teachers at Kiribati Teachers Institutes and also in line with the inclusive education policy. The KIEP also played a key role in the construction of model schools around South Tarawa. These schools are constructed to cater for children with disability in providing them opportunities to attend school, with teachers and staff who are specially trained to cater for their needs.

Discussion by the Committee

Government representative, Secretary for Employment and Human Ressources – It is an honour to stand before this Committee but I regret that it is to present my Government’s case on the Worst Forms of Child Labour Convention, 1999 (No. 182). It is unfortunate that Kiribati is considered to have some cases of the worst forms of child labour domestically. Recent national reports or surveys show findings of child labour in our country. However, it is important to note that some of the cases identified, such as toddy cutting, are intrinsic cultural practices critical to building resilient citizens and livelihood sustainability in our country, which is considered to be one of the least developed in the region. Prohibiting this practice for children at a young age may have serious implications among Kiribati communities.

Moreover, the Government strongly condemns all other forms of child labour and is currently working on improving monitoring systems for these types of activities. This can be noted in the report provided by the Kiribati Government that illustrates some of these developments, from policy and legislation reforms, better response systems in the form of referral pathways and better coordination with stakeholders.

The Government notes issues with information gathering and a centralized database, the need for capacity-building of labour inspectorates and associated implementing bodies, and for technical assistance for strengthening of legislation to ensure better implementation of the Convention.

The Government wishes to acknowledge the strong support of the ILO Regional Office in Suva. The technical advisers have made notable efforts that can be seen in, inter alia, the drafting and adoption of our Country Work Programme 2019–22, the technical assistance provided to some of our legislative reforms that are still to be adopted by Parliament, and provision of training and capacity-building for officers involved in the implementation of ratified Conventions.

Employer members – This case deals with the application of a fundamental Convention: Convention No. 182. It is the first ILO Convention to achieve universal ratification by its 187 Member States. This is undoubtedly a historic achievement that we in the Employers' group welcome and have always supported. We also recognize that this debate is timely, given that this year marks the International Year for the Elimination of Child Labour.

However, regrettably, universal ratification does not mean automatic universal application in law and practice. This is the first time that the Committee is discussing the application of this Convention, which was ratified by Kiribati in 2009.

The Committee of Experts has made an observation and direct request pointing out the gaps in compliance in Kiribati in 2020.

We thank the Government for submitting supplementary information to the Committee, clarifying some issues regarding the application of the Convention. We regret, however, that this information was transmitted two days before the discussion of this case.

The observations of the Committee of Experts outline very serious issues of inadequate application of the Convention in Kiribati. Allow me to summarize them, focusing on two points.

First, in relation to Article 3(b) of the Convention prohibiting the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, the Committee noted that section 118(f) of the Employment and Industrial Relations Code 2015, prohibited the use, procuring or offering of a child for prostitution, and established a penalty of a fine of US$5,000, imprisonment of ten years, or both, for any person contravening this provision.

We note that the Government has provided information on the inspections of the Ministry of Employment and Human Resources conducted by four inspectors, amounting to a total of 526 inspections between 2017 and 2020. However, we are surprised that the Government has reported that there are no cases or convictions related to the aforementioned section 118(f) of the Employment and Industrial Relations Code.

In its observations, the Committee of Experts identified various reliable sources in which there is evidence of children aged 10–17 years engaged in prostitution. These sources include the ILO TACKLE programme in Fiji, the government report to the Committee on the Rights of the Child of March 2020 and the report of the Committee on the Elimination of Discrimination against Women.

The Employer members support the requests of the Committee of Experts for the Government to take the necessary measures to ensure that persons contravening section 118(f) of the Employment and Industrial Relations Code are investigated and prosecuted, and to supply information on the number of violations identified under this provision.

Second, the Committee of Experts' observations address the provisions of Article 7(2)(a) and (b) on preventing, removing, and rehabilitating and ensuring social integration of children involved in the worst forms of child labour. We note that the Committee of Experts had previously requested the Government to strengthen its efforts to prevent the commercial sexual exploitation of children in the country and to provide information on the measures taken to remove children from this worst form of child labour.

Two days ago, the Government presented some relevant information on the measures taken in this regard. We welcome these efforts and the commitment to tackle these extremely serious issues. We encourage the Government to continue working with the social actors and international development cooperation organizations to prevent the exploitation of children even in unfavorable socio-economic circumstances.

The Employer members also encourage the Government to, as a matter of priority, continue raising awareness in the community of child labour, and building capacities of labour inspectors, social workers and the private sector. Further, taking into account the role of education in preventing the worst forms of child labour, the Employer members suggest that the Government intensify its efforts to facilitate access to free basic education for all children, especially girls, by increasing enrolment rates and decreasing school dropout rates.

The Employer members once again thank the Government for the written and oral information submitted to the Conference Committee. We note that the Office has a number of programmes for countries where child labour exists. We encourage the Government to request this technical assistance of the ILO to strengthen the capacities of the tripartite constituents, with a view to applying effective strategies and eliminating the worst forms of child labour, following timely and effective consultation with the social actors.

To conclude, we wish to highlight that, to achieve Goal 8.7 of the Sustainable Development Goals to eliminate the worst forms of child labour by 2025, all governments, employers’ and workers’ organizations, and the ILO must continue working together.

Worker members – This is the first time that our Committee is examining the application of Convention No. 182 by the Government of Kiribati. We note that Kiribati ratified the Convention in 2009 and that, since it first reported on the application of the Convention in 2013, the Committee of Experts has been raising the same serious concerns regarding the persistent issue of the use, procuring and offering of a child for prostitution. The situation in Kiribati is deeply worrying as sexual exploitation of girls persists.

Crew members of foreign fishing vessels account for much of the demand for children in the commercial sex sector. These girls generally receive financial support – food, alcohol, or goods – in exchange for sexual services with local collaborators. Detailed information on child prostitution is unfortunately scarce, as the Government does not provide sufficient data to assess the situation. The Rapid Assessment on Child Labour in Tarawa conducted by the ILO International Programme on the Elimination of Child Labour (IPEC) in 2012 found that, out of the 61 children identified as being involved in child labour, 33 were involved in commercial sexual exploitation.

We note with concern that section 118(2) of the Employment and Industrial Relations Code 2015, which provides penalties for the worst forms of child labour, establishes a penalty of a fine of US$5,000, or a term of imprisonment of ten years, or both, for any person engaging in the use, procuring or offering of a child for prostitution or for pornographic or pornographic performances. We echo the Committee of Experts’ comments that given the seriousness of these 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.

Based on information made available by the Government in 2020, cases of child prostitution tend to go unreported because girls are considered not to be forced and the community at large does not have a clear understanding that this is illegal and dangerous. The absence of any reported cases or convictions relating to the use, procuring or offering of a child for prostitution or for pornography or pornographic performances is all the more concerning and clearly points to serious gaps in measures implemented by the Government to prevent the engagement of children in the worst forms of child labour and to punish perpetrators.

With regard to child protection measures, we note the Government’s indication that the Kiribati community police patrolled during the night to keep children off the streets in order to prevent and remove child victims from commercial sexual exploitation.

We also note the awareness-raising activities conducted among owners and members of kava bars who employ underage girls to work at night, and the provision of advice and counselling to these children which empowers them to integrate into the community, including through education and awareness-raising on the risks of alcohol.

We further note the Child Protection Referral Pathway currently under development by the Ministry of Women, Youth, Sports and Social Affairs. We welcome the efforts made to improve education, and the teaching system and infrastructure, so as to facilitate access to education for children. These measures are of paramount importance to prevent the engagement of children in the worst forms of child labour and to remove them from such forms and ensure their rehabilitation and social integration.

However, to achieve results, such measures must be supplemented with strong monitoring and inspection mechanisms. In this regard, we note the Government’s written information that there are only four inspectors charged with enforcing the Employment and Industrial Relations Code and they lack training and capacity to monitor and eliminate child labour issues.

We also take note of the ongoing discussions between the Ministry of Employment and the Kiribati police force to conduct joint inspections in areas where there is a high risk of worst forms of child labour, such as foreign vessels, kava bars and nightclubs. While we welcome these positive initiatives, we would like to underline that stronger enforcement measures are long overdue and that the Government of Kiribati must take immediate measures to ensure the enforcement of the pertaining legislative, including through sufficiently resourced and trained labour inspection services.

Concerning hazardous work, we are deeply concerned that, according to the Kiribati National Statistics Office, around 15 per cent of children aged between 5 and 17 years are working under hazardous conditions. We refer to the ILO IPEC Rapid Assessment of 2012, which revealed that children were occupied in activities such as stevedoring, loading and unloading of cargo ships, and some hazardous fishery work, selling goods on the streets, working in mechanical garages or boat sheds, and mixing cement.

We note that the list of hazardous types of work prohibited for children under 18 years of age was developed by the Ministry of Employment with the assistance of the ILO and is currently pending the upcoming Parliament session in August 2021. We call on the Government to expedite the adoption of the list of hazardous types of work, in line with the Convention, and to conduct regular labour inspections to detect violations and impose dissuasive sanctions.

Worker member, Kiribati – I stand here for the protection of the rights of workers, which depends not only on a strong legislative structure but also an effective enforcement mechanism.

Kiribati ratified the Convention in 2009. The Employment and Industrial Relations Code 2015, section 118(f), prohibits the use, procuring or offering of a child for prostitution. A penalty of $5,000 or a prison term of ten years, or both, is stipulated for its contravention.

We note that several reports from international institutions such as ILO, IPEC and the UN Fiji Country Team, which covers Kiribati, have drawn attention to the engagement of children in prostitution, including on foreign boats, which is the most common place for children in prostitution. Unfortunately, no case or conviction relating to section 118(f) of the Employment and Industrial Relations Code 2015 has been reported by the Government to the Committee of Experts. It is very clear that the Government’s failure to provide information to the ILO supervisory bodies is a serious neglect of responsibility. We also concur with the view that an ineffective inspection system does not benefit anyone.

In addition, gaps also exist in Kiribati’s legal framework to adequately protect children from the worst forms of child labour, working in hazardous occupations, activities prohibited for children, as well as child trafficking. Kiribati has not identified in national law or regulations the types of hazardous work prohibited for children. Under section 116 of the Employment and Industrial Relations Code, the activities and hours of work per week that are acceptable for children engaged in light work are not specified. The law is also silent on the conditions under which light work can be undertaken. Kiribati’s laws prohibiting child trafficking are insufficient because they do not specifically prohibit trafficking of children domestically.

Please allow me to give some examples from the ground to illustrate how serious the existence of the worst forms of child labour is in Kiribati. Currently, it is not unusual to go shopping at night and you will see one or two children selling handmade jewellery or local products. The children are being abused by their guardians or parents. In the kava bar, you will often see children either roaming around or sitting in the bar with customers. Concerning commercial sexual exploitation, young girls from the age of 14 will board foreign fishing boats in the port and offer themselves to the crew for gifts or money in return.

It is therefore necessary for this Committee to intervene urgently to prevent children from being engaged in these activities. Commercial sexual exploitation of children in Kiribati must end. Above all, the Government of Kiribati has to strengthen its efforts to prevent the worst forms of child labour. The Government must take the necessary steps to remove children from the worst forms of child labour, including the use of a child for prostitution. These measures include:

• strengthening the labour inspectorate and initiating targeted inspections based on an analysis of data related to high-risk sectors and patterns of serious incidents;
• establishing a mechanism to coordinate the Government’s efforts to combat the worst forms of child labour;
• enhancing efforts to eliminate barriers to education and ensuring access to education for all children;
• implementing social programmes to address the worst forms of child labour, including in construction and street vending;
• ensuring that persons contravening section 118(f) of the Employment and Industrial Relations Code 2015 are investigated and prosecuted; and
• consulting with trade unions and social partners to prepare a plan to implement these actions.

I call upon the Government of Kiribati to act in compliance with the Convention.

The workers in Kiribati expect our Government to live up to the international commitments it has made pertaining to the ratification of this and other international labour Conventions.

Government member, Portugal – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries Montenegro and Albania, the EFTA country Norway, member of the European Economic Area, as well as the Republic of Moldova align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights, together with freedom of association and the abolition of forced, compulsory and/or child labour.

We actively promote the universal ratification and enforcement of fundamental international labour standards, including Convention No. 182 on the abolition of the worst forms of child labour. We support the ILO in its indispensable role to develop, promote and supervise the application of international labour standards and of fundamental Conventions in particular.

We thank the Office and give our full support for its constant engagement in promoting labour rights in Kiribati, equal treatment and elimination of discrimination and forced and child labour.

We note with deep regret the reported persistence of child labour, also in its worst forms, particularly the prostitution of underage children and the commercial sexual exploitation of children. The Government must step up its efforts to eradicate these worst forms of child labour.

We support the Committee of Experts’ observations, and we urge the Government to take the necessary measures to ensure that persons contravening the Employment and Industrial Relations Code that prohibits the use, procuring or offering of a child for prostitution are investigated and prosecuted.

We also call on the Government to supply information on the number of violations identified, prosecutions and convictions, and the penalties imposed.

The EU and its Member States welcome the provision of expanded counselling and guidance in resolving problems related to commercial sexual exploitation of children, as well as awareness-raising activities by the Ministry of Women, Youth, Sports and Social Affairs. We welcome the reported decrease in the number of girls working in kava bars.

We urge the Government to continue to take all the necessary measures to prevent the engagement of children in commercial sexual exploitation, and to take the necessary steps to remove children from this worst form of child labour, to rehabilitate and integrate them socially and economically, and to provide compulsory and free education at the primary and secondary levels for all children.

We request the Government to provide information on the aforementioned, as well as on the number of children under 18 years of age who have actually been removed from commercial sexual exploitation and provided with appropriate care and assistance.

With reference to the child labour-related ILO Minimum Age Convention No. 138, we welcome that Kiribati is one of the 173 ILO countries, which have already ratified this crucial Convention, despite the specific challenges of small island States. We hope that this positive example of Kiribati’s ratification encourages the remaining 14 ILO Member States to also proceed towards ratifying this important Convention in order to achieve universal ratification.

We call on the Government to develop its legislation and ensure its effective enforcement with the view to eliminating child labour, including in the informal economy. The EU and its Member States will continue to support the Government of Kiribati in this endeavour.

Worker member, Australia – The Convention places a spotlight on forms of child exploitation so egregious and damaging in their effects that they deprive young people of their childhood. One of the worst forms of child labour is child prostitution. Culturally, the children of Kiribati are at the heart of its society. Despite their cultural importance, many children remain vulnerable and risk losing their rights because of child prostitution, particularly in the poorer islands and regions. The 2012 Rapid Assessment on Child Labour in Tarawa found that, out of the 61 children identified as being involved in child labour, 33 were involved in commercial sexual exploitation.

The current criminal law prohibits the procurement of any girl younger than 18 for the purpose of prostitution and prohibits using a child of either gender younger than 15 years for prostitution. In both cases, the maximum penalty is two years imprisonment. The sexual exploitation of girls continues to be a problem, with girls as young as 15 reportedly exploited in prostitution in local kava bars and hotels.

Crew members of foreign fishing vessels account for much of the demand for children in the commercial sex sector. Hotel and bar workers in the wharf area facilitate the exploitation of girls in sex trafficking by providing a venue for prostitution. Often the venue for prostitution is on the foreign fishing vessels themselves.

In 2010, it was made a licensing condition for fishing in the waters off Kiribati that “unauthorized personnel are prohibited from boarding fishing vessels”. The wharf was patrolled by police but the law has not been rigorously enforced by identifying and combating child prostitution on board the vessels.

Of course, poverty is a driver for the sexual exploitation of girls in Kiribati. The girls generally receive financial support, food, alcohol or goods in exchange for sexual services. Some family members of potential victims, older women, and hotel and bar workers facilitate the exploitation of girls in sex trafficking.

We join the Committee of Experts to request the Government to ensure rigorous enforcement of the law with respect to child trafficking and prostitution. The Government should also take steps to remove children from commercial sexual exploitation and to rehabilitate any child who has been the victim of commercial sexual exploitation.

Employer member, Colombia – At the outset, I consider it important to highlight the fundamental character that, as employers, we attribute to the Convention, which aims to protect children, the most vulnerable members of society. With the adoption of this Convention, the ILO recognized this issue as fundamental at both the national and international levels. And, with this standard, a solution was sought to a particularly aberrant situation. Hence its quick and unanimous adoption by the ILO.

The Convention addresses the worst forms of child labour and is a clear and unquestionable wake-up call to all Member States to take urgent and comprehensive measures. In accordance with Article 7 of the Convention, the Government must take the necessary measures to ensure its effective implementation and enforcement, in particular, through the application of penal sanctions.

The Committee of Experts indicated in its report that section 118(f) of the Employment and Industrial Relations Code 2015 prohibited the use, procuring or offering of a child for prostitution, and established a penalty of a fine of $5,000 or a term of imprisonment of ten years.

To date, however, here have been no reported cases or convictions arising from the violation of this provision. This is despite the fact that the Government stated in its report to the Committee on the Rights of the Child of March 2020 that there are indeed cases of girls who are victims of sexual and commercial exploitation in the country. While the provision setting out a punishment of imprisonment indicates good progress in the application of the Convention, there is no evidence that this measure is effective or any type of punishment has been imposed. We therefore request the Government to commit to effectively implementing and enforcing criminal legislation and to supply information demonstrating the practical application thereof.

Lastly, we request the Government to, with ILO technical assistance and by means of various existing international cooperation mechanisms, continue making progress to align law and practice with the provisions of the Convention and, as a matter of urgency, ensure the elimination of the worst forms of child labour in the country.

Worker member, Malta – The complaint before us is brought under the only ILO Convention ever to achieve universal ratification, and it is vitally important that, having been so widely ratified, implementation follows because if a Convention that has been universally ratified does not get properly and fully implemented, it undermines the campaign in which we all participated to achieve that level of ratification.

In addition, child labour is one of the worst forms of exploitation, stealing what should be a learning and growing experience from the next generation. In this case, where sexual exploitation is involved, we have also to be conscious that such sexual abuse of minors is also an act of violence, producing potential physical, as well as mental harm that can last a lifetime.

I do not have to make the case to this Committee that sexual abuse of young women is abhorrent and unacceptable. But what the Committee does have to be conscious of, in its conclusions, is that merely identifying a problem without tackling it is also unacceptable, and that tackling this problem requires not only information, enforcement and the provision of rehabilitation and integration, especially through education, but also the provision of alternative sources of income as a vital element towards the elimination of the worst forms of child labour.

I am pleased to see that the Government of Kiribati has at least identified the problem, and has taken some steps in both the commercial fishing industry and the hospitality sector to educate employers. Ignorance of the law is no excuse and the Government of Kiribati seems to have taken steps to ensure that people are no longer ignorant. Knowledge of the law does not, however, necessarily imply compliance with it and young women will still suffer exploitation, abuse and violence until the laws are enforced. They will still be prey to this sort of behaviour until viable alternatives exist which ensure that these youngsters are learning and growing, not suffering.

My colleagues in the trade union movement in Kiribati are as keen as we are to see the end of these practices, the employers who are enabling and allowing this to happen held to account, and the perpetrators prevented and punished. They have a role, as educators, children’s advocates and parents and guardians, in stamping out this worst form of child exploitation.

We look to the Government to take the steps outlined by the Committee of Experts, and we look to the Conference Committee to recommend that the Government of Kiribati do what the Committee of Experts advises.

Employer member, Argentina – We note that the Government acknowledges the findings from the studies and several reports indicating that worst forms of child labour exist in Kiribati.

We welcome the information submitted by the Government regarding the inspections carried out from 2017 to 2020. However, we regret that no information was reported regarding the cases or convictions related to the use, procuring or offering of a child for prostitution, penalized in section 118(f) of the Employment and Industrial Relations Code 2015.

Consequently, we echo the call for the Government to:

• take the necessary measures to ensure that, in practice, timely and thorough investigations and prosecutions are carried out; and
• provide timely information on the number of violations under this provision, the persons prosecuted and convicted, and the penalties imposed.

Regarding the prevention of the worst forms of child labour and rehabilitation measures, we underline the importance of awareness-raising actions within the community, as well as capacity-building policies for social actors, labour inspectors and social workers.

We also echo our Employer spokesperson and encourage the Government to continue working as a matter of urgency with the international development partners and social actors to prevent the exploitation of children, particularly in the context of adverse socio-economic circumstances. We especially encourage the Government to seek ILO assistance, as the Office has developed extensive knowledge, experience and accumulated capacity among its experts on the topic.

Finally, we hope to see the Government’s commitment result in action as it provides further information on the measures taken to change the lives of the children who remain vulnerable to these worst forms of child labour.

Observer, Education International (EI) – Education International represents almost 400 education unions, including the Kiribati Union of Teachers. Where social partners, including teacher unions, are comprehensively involved and supported in initiatives to eradicate child labour, the results are impressive and sustainable.

In the Committee of Experts’ report, the Ministry of Women, Youth, Sports and Social Affairs of Kiribati stressed the need to ensure integration of working children, including through education. We support the Government’s willingness to create a conducive climate to protect children and adolescents. The Committee of Experts requests the Government to continue to take measures to prevent the engagement of children in commercial sexual exploitation. It also requests the Government to take steps to remove children from the worst forms of child labour, as well as to rehabilitate and socially integrate them.

Ensuring that all children fully enjoy their right to education until the minimum age of compulsory schooling is key to eradicate child labour. Together with the Kiribati Union of Teachers, Education International requests that the Government increases funding towards public education, and that the Government includes awareness of child labour in the teacher training curriculum, so that teachers are professionally trained, empowered and supported to welcome children removed from child labour back into school and provide them the necessary attention and encouragement.

We request that specific gender programmes are developed by the Government to proactively protect girls and disadvantaged communities from being trapped in prostitution networks. The preventive provision of education and vocational training opportunities must be offered to girls and young women.

Finally, we recommend that the ILO provide technical assistance, including through a continuation of the ILO–IPEC initiatives through the TACKLE programme.

Government representative – In closing, the Government of Kiribati takes into consideration the recommendations of the Workers’ and Employers’ groups and the Committee. It will also take into consideration further administrative support for labour inspections on child labour so that these types of activities are eliminated prior to 2025.

The Government will also ensure better coordination with related government bodies, social partners and non-governmental organizations in monitoring and eliminating child labour in Kiribati and, in order to attain this, it wishes to underscore the support that is required from the ILO in capacity-building and technical assistance with regard to effective and best measures and tools in combating the worst forms of child labour in Kiribati.

Worker members – We thank the Government of Kiribati for its oral and written comments. We also thank the speakers who took the floor for their contributions to the discussion.

The Worker members deplore and condemn the persistence of the worst forms of child labour in Kiribati, including the commercial sexual exploitation of children and the use, procuring and/or offering of a child for illicit activities and for the production or trafficking of illegal drugs. We also regret the absence of any concrete information on the incidence of the worst forms of child labour in the country and on the impact of the measures adopted to address them.

We recall that the Committee of Experts has been expressing the same concerns for the past eight years and, so far, little progress has been made to prevent children from falling into the worst forms of child labour, to protect them and remove them from these worst forms, and to prosecute and sentence any person engaging in these worst forms.

While we welcome the efforts of the Government to adopt a legal framework criminalizing the worst forms of child labour in 2015, we note that in over six years, no cases related to the worst forms of child labour have been reported. This points to severe gaps in enforcement which should be addressed by the Government of Kiribati as a matter of urgency.

We recall that without strong and comprehensive implementing measures, the legal provisions adopted will remain ineffective. Therefore, we call upon the Government of Kiribati to strengthen its monitoring and enforcement mechanisms, including through regular inspections in areas where there is a high risk of worst forms of child labour, such as kava bars and nightclubs. In this regard, labour inspection services should be adequately staffed and trained, and sufficient resources should be put at their disposal.

We also call on the Government to investigate and prosecute perpetrators of the worst forms of child labour, including child prostitution or child pornography, through the establishment of formal procedures to proactively identify trafficking victims among vulnerable populations and refer them to protective services.

We invite the Government to review section 118(2) of the Employment and Industrial Relations Code 2015 to ensure that penalties for any person engaging in the worst forms of child labour are sufficiently dissuasive.

We encourage the Government to pursue and strengthen its efforts to facilitate access to basic free education, as well as its education and awareness campaigns on the issue of child prostitution in Kiribati, particularly in well-known meeting places of foreign crew members and, finally, we call on the Government to adopt a list of hazardous work activities prohibited for children in line with the Convention.

We call on the Government of Kiribati to avail itself of the assistance of the ILO.

Employer members – In closing, we, the Employer members, wish to recall that last Saturday was the World Day Against Child Labour. Recent global figures indicate that child labour currently affects 160 million children, including 63 million girls and 97 million boys, which is the equivalent of almost one in ten children worldwide. It is estimated that an additional 9 million children will be working by the end of 2022 as a result of increasing poverty, driven by the current pandemic.

We have heard some extremely serious allegations relating to this case and we cannot turn a blind eye to child labour practices, let alone the persistence of cases of the worst forms of child labour.

The Employer members would again like to thank the Government and the workers for the useful information provided on the application of the Convention. We would also like to thank the delegates for their participation in this case and their ideas. We are pleased to learn of all the measures undertaken by the Government of Kiribati to confront this persistent and serious problem.

The Employer members hope that the Government's commitment will continue resulting in concrete and effective measures that can ensure the protection of the high number of children who remain vulnerable to trafficking and commercial sexual exploitation and that we may soon witness significant progress.

In the light of the debate, the Employer members invite the Government to step up its efforts and explore new ways of combating child labour and its worst forms and to tackle the root causes of the problem. We recommend that the Government intensify its efforts to ensure that any form of child labour and its worst forms ceases to be a reality in the country, adopt effective measures to ensure that persons contravening section 118(f) of the Employment and Industrial Relations Code 2015 are investigated and prosecuted in a timely and proper manner, prevent the engagement of children in commercial sexual exploitation, and rehabilitate and socially integrate the victims.

We invite the Government to provide the Committee with up-to-date information on the number of investigations, prosecutions, convictions and sentences imposed during the regular reporting period and to avail itself of any ILO technical assistance that it may need, to ensure full compliance with the Convention.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee deeply deplored the persistence of the worst forms of child labour in the country, including the commercial sexual exploitation of children and the use, procuring or offering of a child for illicit activities, in particular for the production or trafficking of illegal drugs.

Taking into account the discussion, the Committee urges the Government of Kiribati to take effective and time-bound measures to:

• intensify its efforts to ensure that any practice of child labour and the worst forms of child labour are no longer a reality in the country, notably by strengthening its monitoring and enforcement mechanisms, including through regular and sufficient inspections in areas where there is a high risk of the worst forms of child labour;
• effectively investigate and prosecute perpetrators of child prostitution or child pornography, including through the establishment of formal procedures to proactively identify victims and refer them to protective services;
• review section 118 of the 2015 Employment and Industrial Relations Code (EIRC) to ensure that penalties for any person engaging in the worst forms of child labour are sufficiently dissuasive;
• take all measures to prevent the engagement of children in commercial sexual exploitation as well as to rehabilitate and socially integrate victims of this practice, including by pursuing and strengthening its efforts to facilitate access to basic education; and
• pursue and strengthen its education and awareness campaigns on the issue of child prostitution in Kiribati.

The Committee invites the Government to avail itself of technical assistance to realize full compliance with the Convention. The Committee calls on the Government to provide up‑to‑date information in this regard, including the number of investigations, prosecutions, convictions and penalties imposed, to the Committee of Experts before its next session in 2021.

The Government of Kiribati transmitted a message that read as follows:

Unfortunately, our Government representatives will not be able to attend the sitting of the adoption of conclusions due to unforeseen circumstances. However, the Government of Kiribati thanks the ILO for its ongoing support and the Conference Committee for its critical role in assisting our country in identifying ways towards the effective implementation of ratified Conventions. These Conventions are crucial to ensuring decent work in Kiribati. We also kindly reiterate that our country would welcome assistance, technical support and capacity-building.

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