Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the Government’s first and second reports and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indication in its first report that the worst forms of child labour do not exist in Seychelles. It also states that the children of Seychelles have long been seen as the inspiration to continued social development and prosperity. The Committee points 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 notes 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. The Committee also notes that, in its initial report to the Committee on the Rights of the Child in May 2002 (CRC/C/3/Add.64, paragraph 508), the Government indicated 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 asks the Government to provide more information on these incidents and 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 notes that, by virtue of sections 138 to 146 of the Penal Code, procuring or attempts to procure a girl or a woman under 21 years of age for prostitution is a misdemeanour. It also notes that, under section 172 of the Penal Code, the production, making and possession of obscene matters, as well as the public exhibition of any indecent shows or performances are misdemeanours. The Committee requests the Government to indicate whether legislative provisions exist to protect boys under 18 from being used, procured or offered for prostitution or pornography.

The Committee notes 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". The Committee on the Rights of the Child recommended that "the State party 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 Congresses against Commercial Sexual Exploitation of Children". The Committee encourages the Government to compile and provide accurate data on child sexual exploitation.

Clause (d) and Article 4. Hazardous work. Paragraph 1. Determination of hazardous work. The Committee notes that, under the terms of section 22 of the Conditions of Employment Regulations, a person shall not employ another under the age of 18 years in a hotel, guesthouse, boarding house, any place where tourists are accommodated, restaurant, shop, bar, nightclub, dance hall, discotheque or similar place of entertainment or on a ship or aircraft. It observes that section 22 only 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.

The Committee reminds the Government that, by virtue of Article 4, paragraph 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 (No. 190), 1999. In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee notes that the national legislation does not seem to prohibit the employment of persons under 18 years of age in 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, apart from the limited categories mentioned above. The Committee therefore 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.

Paragraph 2. Identification of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph, which requires that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work determined under Article 4, paragraph 1, of the Convention exist. The Committee requests the Government to provide information on measures taken or envisaged to determine where the types of work so determined exist, and to communicate the results of the findings. It also asks the Government to indicate if the organizations of employers and workers concerned were consulted.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its first report, according to which the Department of Social Services in the Ministry of Social Affairs and Employment has the statutory responsibility to promote and safeguard the welfare of children under the Children Act. It also notes that, in its initial report to the Committee on the Rights of the Child (CRC/C/3/Add.64, paragraph 15), the Government indicated that interdepartmental groups have been set up to improve coordination, including a child protection committee, now the National Commission for Child Protection, and there is also a national council for children. It also indicated that the National Commission includes the participation of NGOs as well as representatives of the police force, educators, health services, industries, the judiciary and the Ministry of Justice. It meets monthly and advises the Government on all policies
related to child protection (CRC/C/SR.815, paragraph 29). Non-governmental organizations and agencies also share responsibility for the identification, prevention and reporting of child abuse. Moreover, the Government stated that it has established various intersectoral mechanisms to ensure effective collaborative action. The Committee requests the Government to provide more information on the activities of the Department of Social Services in the Ministry of Social Affairs and Employment, the National Commission for Child Protection as well as to the various NGOs and agencies which share responsibility for the identification, prevention and reporting of child abuse. It also asks the Government to indicate whether tripartite consultations have been held as regards the need for the creation of an effective system to monitor the application of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the information provided by the Government in its first report, 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 encourages the Government to continue to provide 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, paragraph 1, 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.

Paragraph 2. Consultation with relevant government institutions and employers’ and workers’ organizations, and other concerned groups. The Committee notes that in its initial report to the Committee on the Rights of the Child (CRC/C/3/Add.64, paragraph 15), the Government indicated that when consideration is being given to introducing new legislation, or amending existing legislation, or establishing new policy initiatives concerning children, regular consultation takes place to ensure that all the implications and consequences of the changes are fully considered both at an early stage and throughout the process.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its report. In particular, it notes that, by virtue of section 5 of the Penal Code, "felony", "misdemeanour" and "offence" are defined and punishable by law. According to section 75A of the Children Act, a person who makes a child be part or in connection with any felony, misdemeanour or any offence under written law is guilty of an offence and liable to imprisonment for five years and to a fine of SR50,000. The Government also notes that under the Conditions of Employment Regulations, as amended, a person guilty of an offence is liable for a fine from SR1,000 to SR10,000 and in the case of continuing offence, to an additional penalty of SR200 for each day. Moreover, it notes that section 9(3) of the Education Act provides that in case of failure to attend or neglect to regularly attend at school in accordance with an order, each of the parents is guilty of an offence and liable to a fine of SR1,000 and to imprisonment for three months. The Committee requests the Government to provide information on how penal sanctions are applied in practice.

Paragraph 2. Effective and time-bound measures. The Committee notes 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. The Committee requests the Government to supply information on measures taken or envisaged, as required under Article 7, clauses (a) to (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.

Paragraph 3. Competent authority responsible for the implementation of the Convention. Noting that the Government has provided no information with respect to Article 7, paragraph 3, of the Convention, the Committee asks the Government to indicate the authority or authorities responsible for the implementation of the provisions giving effect to this Convention, and by what methods such implementation is supervised.

Part III of the report form. The Committee asks the Government to state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply the text of these decisions.

Part IV of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in Seychelles, and to indicate any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed action against the worst forms of child labour.

Part V of the report form. The Committee 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.