Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Articles 1(1) and 2(1) of the Convention. Freedom of members of the disciplined forces to leave their service. The Committee notes the Government’s indication in the report that there are no military laws or regulations in the country, and that military service does not exist in practice. The Committee also notes that, under sections 18(1) and 126 of the Constitution of Kiribati, disciplined forces include the Kiribati Police, the Prison Service, the Marine Protection Service and the Marine Training School. Please indicate any provisions applicable to members of these disciplined forces, as regards their right to leave the service at their own request, e.g. by means of notice of reasonable length. Please also provide a copy of legislation governing the service in the disciplined forces.

Article 2(2)(d). Cases of emergency. The Committee previously noted that section 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) provide for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. It requested the Government to state what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

The Government indicates in its report that this issue will be considered by the tripartite National Decent Work Agenda Steering Committee. The Committee hopes that the Government will provide, in its next report, information on the outcome of the discussions of this issue in the tripartite committee referred to above, and on any measures taken or envisaged in order to give effect to this provision of the Convention.

Article 2(2)(e). Minor communal services. The Committee notes the amendment made in 2008 to section 74(c) of the Employment Ordinance (Cap. 30), under which the term “forced or compulsory labour” does not include unpaid labour on minor communal works that are reasonably required as part of reasonable and normal communal or civic obligations. It also notes the Government’s statement that there is no provision which would guarantee the members of the communities concerned or their direct representatives the right to be consulted in regard to the need for such works. The Committee also noted previously the joint observations submitted by the Kiribati Trade Union Congress (KTUC) and ten other workers’ unions of Kiribati, communicated by the Government with its first report in 2005, which contained allegations concerning the existence of forced labour in Kiribati, in terms of village community work decided by the “Te Mwaneaba” (traditional community meeting house), that is performed under the threat of a penalty.

The Committee hopes that the Government will refer, in its next report, to the workers’ observations mentioned above and provide information on minor communal works performed under section 74(c) of the Employment Ordinance, indicating, in particular, the nature of such works and measures taken or envisaged to ensure that the members of the communities concerned or their direct representatives have the right to be consulted in regard to the need for such works.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee notes the amendment made in 2008 to section 75 of the Employment Ordinance (Cap. 30), according to which any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of US$250,000 and life imprisonment. The Committee would appreciate it if the Government would provide information on the legal proceedings which have been instituted as a consequence of the application in practice of section 75 of the Employment Ordinance referred to above and relevant provisions of Part XVI of the Penal Code (sections 245A (dealing in slaves), 248A (inducing servitude) and 249 (unlawful compulsory labour)), as well as on the penalties imposed on perpetrators, supplying sample copies of the relevant court decisions.