Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Minimum Age Convention, 1973 (No. 138) - Kiribati (Ratification: 2009)

Other comments on C138

Observation

2023
2020

Direct Request

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Previous comments: observation and direct request

Article 1 of the Convention. National policy for the effective abolition of child labour. In response to its previous comments, the Committee takes note of the information provided by the Government in its report on the measures taken to protect children from child labour. It also notes that Kiribati’s Child Labour Task Force, which was established by the Decent Work Advisory Board (DWAB), met in April 2023. The meeting was attended by representatives from the Ministry of Employment and Human Resources (MEHR), the Kiribati Police Service (KPS), the Kiribati Chamber of Commerce and Industry, the Ministry of Justice, the Ministry of Women, Youth, Sport and Social Affairs (MWYSSA), the Office of the Attorney-General, the Ministry of Education and the National Statistics Office (NSO). During the meeting, the priorities identified included the finalization of the terms of reference of the Task Force and the formulation of a National Action Plan against child labour, for which the stakeholders requested ILO technical assistance. The Committee requests the Government to take the necessary measures to ensure that the National Action Plan against child labour is adopted in the near future, and to provide information on the progress made in this regard.

Article 2(2). Raising the minimum age for admission to employment or work. The Committee previously expressed the hope that the Government would take the necessary measures to ensure that the minimum age for admission to employment or work (which was 14 years of age) was not less than the age of completion of compulsory schooling (15 years of age), in conformity with the Convention.

The Committee notes with interest that the section 115(1) of the Employment and Industrial Relations Code (EIRC) was amended in 2021 and raises the general minimum age for employment from 14 to 15 years, thus linking it with the age of completion of compulsory education.

The Committee further notes that Kiribati initially specified a minimum age of 14 years upon ratification. In this regard, it takes the opportunity to draw the Government’s attention to the provisions of Article 2(2) of the Convention which provides that any Member having ratified this Convention may subsequently notify the Director-General of the ILO, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

Article 3(2). Determination of types of hazardous work. Regarding the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee notes the Government’s information according to which the Hazardous Work Regulations, elaborated pursuant to section 117 of the EIRC, are currently being finalized at the Office of the Attorney-General and will be endorsed before the end of the year. The Committee further notes that, during its April 2023 meeting, the Child Labour Taskforce identified that the adoption of the Hazardous Work Regulations was an immediate priority. The Committee requests the Government to ensure that the list of hazardous types of work prohibited for children under 18 years of age will be adopted and enforced without delay, and to provide a copy of the list, once adopted.

Article 7. Light work. Following its previous comments, the Committee notes the Government’s information that the Light Work Regulations, elaborated pursuant to section 116 of the EIRC (as amended in 2017), are currently being finalized at the Office of the Attorney-General and will be endorsed before the end of the year.

Regarding the removal of the requirement, in amended section 116 of the EIRC, that light work not prejudice the child’s participation in vocational training nor his or her ability to benefit from vocational training, the Government indicates that this is due to administrative directives relevant to prioritizing formal education in lieu of vocational training. Further consultations will be made to consider the re-inclusion of the requirements pertaining to vocational training in this provision of the EIRC. The Committee trusts that the list of light work will be adopted in the near future. It requests the Government to supply information on the progress made in this regard, as well as on the results of the consultations held to consider the re-inclusion of the requirements pertaining to vocational training in section 116 of the EIRC.

Article 9(1). Penalties and labour inspection. Regarding the Committee’s previous request that the Government provide information on the application in practice of the penalties provided for in sections 115(6) (minimum age for employment) and 117(4) (minimum age for hazardous work) of the EIRC, the Committee notes with regret the Government’s indication that there is nothing to report. In this regard, the Government highlights the need to strengthen the capacities of the law enforcement bodies. It further indicates that there are plans in place to conduct awareness-raising on the EIRC to police stations to ensure better enforcement and monitoring of the application of the provisions of this Convention.

The Committee further notes that, during the April 2023 meeting of the Child Labour Task Force, the MEHR confirmed it still lacks capacity to carry out labour inspections regularly to specifically monitor and eliminate child labour issues. The MEHR has no designated labour inspectors as such. There are only two or three labour officers within the MEHR for the entire country, who are attributed many other tasks and lack capacity to carry out regular labour inspections. Moreover, the MEHR stated that they have not been able to recruit more labour inspectors who would be able to work throughout the outer islands in Kiribati. The MEHR is talking more closely with other Ministries, including MWYSSA whose social welfare officers have wider reach in the outer islands, so that the issues relating to the Convention, including monitoring and enforcement, can be included in training sessions for social welfare officers. The MEHR also stated that it needs further support to develop labour inspection regulations and systems, including checklists and pamphlets. While taking note of the challenges encountered by the Government, the Committee requests the Government to indicate the measures taken or envisaged to strengthen the capacity of the labour inspectorate, with a view to effectively implement the penalties under sections 115(6) and 117(4) of the EIRC. It once again requests the Government to provide information on the application of these penalties in practice, indicating the number and nature of violations reported and penalties imposed. It also requests the Government to report on the impact of the awareness-raising conducted on the EIRC to police stations on the better enforcement and monitoring of the provisions giving effect to the Convention.

Application of the Convention in practice. The Committee notes the Government’s indication that a recent Child Labour Survey, conducted by the NSO, reveals that one in four children aged 15 to 17 in Kiribati experience child labour. The Government indicates that the NSO is willing to consider amending future National Census questionnaires to cater to the needed data on child labour and include all children up to 17 years of age. It further indicates that the KPS, through funding support from UNICEF and UN Women and the assistance of a technical consultant, are currently working to develop a database that will centralize data on offences and issues reported to the KPS, and that will provide another means to centralize and store data on child labour. Finally, the Committee notes that, during the April 2023 meeting of the Child Labour Taskforce, one of the priorities identified was the collection and collation of data on child labour. The Committee requests the Government to continue its efforts to develop a statistical database including information on the number of children below the minimum age of 15 engaged in child labour, and requests the Government to continue to provide information on the number of children engaged in child labour in the country, disaggregated by sector.