Comments adopted by the CEACR: Vanuatu

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Trafficking of children. In its previous comments, the Committee noted that section 35 of the Counter Terrorism and Transnational Organised Crime Act of 2005 makes it an offence to engage in the trafficking of a child or arranging for the trafficking of a child under the age of 18 years which is punishable with imprisonment for a term of not more than 15 years and/or a fine.

The Committee notes the Government’s statement, in its report, that no case of trafficking of children has been reported with regard to this provision of the Act. The Committee requests the Government to continue to provide information, in its future reports, on the application of the Counter Terrorism and Transnational Organised Crime Act, in practice, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed in cases relating to the trafficking of children under 18 years of age.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that according to section 101B of the Penal Code any person who, by any means, causes or induces a child (defined as a person under the age of 18 years according to section 101A) to participate in an act of child prostitution or participates as a client with a child in an act of child prostitution shall be punished with imprisonment for ten years, and if the child is less than 14 years, to imprisonment for 14 years. Section 101C of the Penal Code further provides for penalties to any person who obtains benefit from child prostitution.

The Committee notes that the Government acknowledges the existence and the recent development of child prostitution, although no case has been reported. It further notes that, in its concluding observations under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of November 2017, the Committee on the Rights of the Child expressed concern at the exploitation of children for prostitution in Vanuatu (CRC/C/OPSC/VUT/CO/1, paragraph 23). Therefore, the Committee requests the Government to take the necessary measures to combat child prostitution by ensuring that sections 101B and 101C of the Penal Code are effectively applied. In this context, the Committee requests the Government to provide information on any investigations, prosecutions, convictions and penalties imposed to persons who engage in the commercial sexual exploitation of children under 18 years of age. It encourages the Government to identify the root causes of child prostitution.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. Following its previous comments, the Committee notes the Government’s information that the Employment Relations Bill, which established a minimum age of 18 years for hazardous work, was dropped by the Tripartite Labour Advisory Council (TLAC), due to disagreements with the social partners. It notes however the Government’s statement that its employment legislation, in particular the Employment Act, is under review, and that it is envisaged to include provisions prohibiting the engagement of children under the age of 18 years in hazardous work. The Committee requests the Government to take the necessary measures without delay to ensure that the legislation is amended in order to prohibit the engagement of children under the age of 18 years in hazardous types of work. The Committee also requests the Government to take the necessary measures to ensure the adoption of a list of types of hazardous activities prohibited to children under 18 years of age, after consultation with the organizations of employers and workers concerned. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms and application of the Convention in practice. The Committee previously noted that the Government acknowledged the existence of certain types of worst forms of child labour in the country and the necessity to establish a coordinated mechanism to monitor the implementation of the Convention.

The Committee notes the Government’s statement that the Department of Labour is responsible for identifying and reporting any cases of child trafficking, and has four inspectors responsible for enforcing child labour laws. The labour inspectorate inspects all business houses and industrial workplaces, and provides awareness to relevant stakeholders. Monthly reports have to be submitted to the Commissioner of Labour. The Government indicates that the Vanuatu Police Force employs 50 investigators, also responsible for enforcing laws prohibiting the worst forms of child labour. The Department of Labour together with the Police and Immigration Department have conducted a joint operation in 2018 to monitor compliance with the Employment laws of Vanuatu. The police is responsible for prosecution when cases of child labour occur. The Government states however that information on the training of investigators and on the number of investigations, prosecutions and convictions regarding the worst forms of child labour is not available, and that no case of child labour has been reported. The Committee further notes that the Government states that a national child labour survey to determine the prevalence and nature of child labour was not possible, due to financial and technical constraints. The Committee recalls the importance of statistical information in assessing the application of the Convention in practice and notes that a child labour survey was last carried out in 2011. The Committee requests the Government to pursue its efforts to strengthen the capacities of the labour inspectorate and police units, in order to improve their ability to identify and withdraw children engaged in the worst forms of child labour. It requests the Government to provide information on any measures taken in this regard, as well as extracts of the inspection reports referring to cases of worst forms of child labour. The Committee also requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour and on the number of children protected by the measures giving effect to the Convention.

Article 6. Programmes of action. The Committee notes that the Government indicates that it is in the process of developing a programme of action to eliminate the worst forms of child labour. The Government also indicates that it has put in place the Vanuatu National Child Protection Policy for the 2016–26 period. The Committee notes that this National Policy aims at creating an environment where children are safe and protected from all forms of abuse, exploitation, neglect and violence, and have equitable access to services to support their reintegration and recovery when needed. The Policy includes several strategic areas, such as: building awareness of child protection among the general population; preventing abuses by developing prevention, early identification and early intervention strategies; developing and/or strengthening organizational structures at national, provincial and community level that are required to provide oversight and ensure accountability for the overall implementation of this policy; and strengthening the legal framework for child protection. The Committee requests the Government to provide information on the implementation of the Vanuatu National Child Protection Policy 2016–26, in particular with regard to the impact on the elimination of the worst forms of child labour. It also requests the Government to provide information on any progress on the adoption and implementation of the programme of action to eliminate the worst forms of child labour and its eventual linkage with the Policy.

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, according to section 7 of the Education Act No. 21 of 2001, it is the duty of the parents of children of 6 to 14 years of age to ensure their attendance at school. Section 35(4) of the Education Act further states that the parents of a child are jointly responsible for all fees due in respect of the child. The Committee, therefore, observed that education in Vanuatu is neither free nor compulsory. It noted that according to UNICEF statistics, the gross enrolment rate at the primary level in 2012 was 120 per cent for boys and 114.3 per cent for girls, while the net attendance rate was 80.2 per cent for boys and 81.6 per cent for girls. It also noted that the gross enrolment rate at the secondary level in 2012 was 46.2 per cent for boys and 48.7 per cent for girls and the net attendance rate was 37.5 per cent for boys and 35.9 per cent for girls. The Committee requested the Government to take the necessary measures to ensure access to free basic education and to strengthen the functioning of the education system.

The Committee notes with interest the Government’s information that it has introduced tuition-free education since the third term of 2017, for pre-primary education and for the first grade of secondary education (year 7), from which 5,750 children of 4–5 years of age and 4,399 children enrolled in year 7 will benefit. The Committee further welcomes the Government’s indication that, as of 2018, education will be free, from pre-primary education to the third year of secondary education (“year 10”).

The Committee notes that the Education Act No. 21 of 2001 has been replaced by the Education Act No. 9 of 2014. Sections 7 and 35(4) of the Education Act No. 21 have been upheld, respectively in sections 7 and 41(6) of the Education Act No. 9 of 2014. It notes that, according to the statistics of the Ministry of Education and Training, the net enrolment rate in 2017 was 90 per cent at the primary level and 43 per cent at the secondary level. The statistics also indicate that the gross enrolment rate was 119 per cent at the primary level and 47 per cent at the secondary level. The Committee takes note of the Inclusive Education Policy and Strategic Plan (IEPSP) 2010–20, targeting children with special needs. While noting the positive steps adopted, the Committee encourages the Government to pursue its efforts to ensure access to free basic education, including by taking measures to increase the school enrolment, attendance and completion rates, particularly at the secondary level, and by aligning the Education Act No. 9 of 2014 with the indicated practice. It requests the Government to provide information on the measures taken in this regard.