Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Kiribati (Ratification: 2009)

Autre commentaire sur C182

Observation

Demande directe

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The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 43 of the Measures to Combat Terrorism and Transnational Organized Crime Act makes it an offence to intentionally engage in trafficking a person who is a child (defined as a person under 18) or to be involved in the arranging of trafficking a person who is a child. Upon conviction, perpetrators are liable to imprisonment for 20 years. The Committee requests the Government to provide information on the application in practice of section 43 of the Measures to Combat Terrorism and Transnational Organized Crime Act, related to the trafficking of a child under 18 years of age, including the number of investigations, prosecutions, convictions and the specific penalties applied.

2. Forced labour. The Committee notes that article 6 of the Constitution prohibits slavery, servitude, and forced or compulsory labour. It also notes that section 75 of the Employment Ordinance, as amended in 2008, states that any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of $250,000 and to life imprisonment.

3. Forced recruitment of children for use in armed conflict. The Committee notes that Kiribati does not maintain a national army. Article 126 of the Constitution prevents the Government from maintaining any disciplined forces other than the Kiribati police, the prison service, the marine protection service and the marine training school.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes the Government’s statement that the Penal Code contains several offences relating to sexual acts with children, with different requirements in certain circumstances depending on the sex of the child. In this regard, the Committee notes that section 136 of the Penal Code prohibits procuring, or attempting to procure, any woman or girl to become a prostitute. Section 145 prohibits a male person from living off the earnings of prostitution and section 146 prohibits a woman from aiding, abetting or compelling the prostitution of another person. Section 141 prohibits a parent or person caring for a person under 15 from letting the child for hire for the purpose of prostitution, while section 142 prohibits hiring or otherwise obtaining possession of any minor under 15 for employment or use for the purpose of prostitution. The Committee therefore observes that there does not appear to be a general prohibition of the use, procuring and offering of all children under 18 for the purpose of prostitution, but notes that the draft Employment and Industrial Relations Act contains provisions in this regard.

Referring to paragraphs 506–507 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that the Convention applies to all children under 18, and equally to boys and girls, and that legislation should provide protection to children of both sexes against commercial sexual exploitation. The Committee accordingly urges the Government to take immediate measures to ensure that the use, procuring or offering of both boys and girls under 18 years of age for the purpose of prostitution is prohibited, including through the adoption of the Employment and Industrial Relations Act.

2. Pornography. The Committee notes the Government’s statement that there are currently no legislative provisions relating to the involvement of children in pornography. However, the Committee notes that section 13(g) of the draft Employment and Industrial Relations Act prohibits the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances. The Committee therefore requests the Government to take the necessary measures to ensure that legislation prohibiting the use, procuring or offering of persons under 18 years of age for the production of pornography or of pornographic performances is adopted, including through the adoption of the draft Employment and Industrial Relations Act.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement that there are currently no legislative provisions relating to the involvement of children in illicit activities, beyond the general provisions for adults. However, it notes that the draft Employment and Industrial Relations Act, if adopted, would prohibit the use, procuring or offering of a child for illicit activities (pursuant to section 132(h) of this draft). The Committee urges the Government to take the necessary measures to ensure the adoption of the provisions in the draft Employment and Industrial Relations Act relating to the use, procuring or offering of a child for illicit activities. It requests the Government to provide a copy of the Act, once adopted.

Clause (d). Hazardous work. The Committee notes the Government’s reference to the Employment Ordinance, as amended in 2008. Section 84 of the Ordinance prohibits work for children under 14, and section 87(1) prohibits children between the ages of 14 and 18 years from performing work, or being employed in any occupation or activity, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, education, morals or development of such a person.

Article 4(1). Determination of types of hazardous work. The Committee notes that, pursuant to section 87(2) of the Employment Ordinance, as amended in 2008, the Minister shall, in consultation with any relevant organizations of employers and workers and the Government’s advisory committee on children, specify by notice occupations or activities which, in the opinion of the Minister, are likely to jeopardize the health, safety, education, morals or development of persons under 18. The Government indicates that, in this regard, the ILO facilitated workshops on Conventions Nos 138 and 182 in 2009 and 2011, with tripartite constituents, during which a draft list of hazardous types of work was developed and approved. This list awaits approval by the Decent Work Agenda Steering Committee (DWASC). The Government hopes that this approval will be received in the near future, after which a Ministerial Order will be issued. Once approved, the Government indicates that the DWASC will be the responsible body for the periodic review of the list of types of hazardous work. The Committee requests the Government to pursue its efforts to ensure the adoption of a list determining the types of hazardous work prohibited for persons under 18 years in the near future. It requests the Government to provide a copy of the list, once adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the Ministry of Labour and Human Resource Development is primarily responsible for eliminating the worst forms of child labour in Kiribati. This Ministry works in cooperation with related ministries and bodies to implement the Convention. The Committee requests the Government to provide, in its next report, information on the specific measures taken by the Ministry of Labour and Human Resource Development to effectively monitor and eliminate the worst forms of child labour, as well as any activities undertaken in this regard by the labour inspectorate, the Kiribati National Police and the Coast Guard.

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 notes the Government’s statement that the Ministry of Labour and Human Resource Development is currently considering an improved option for technical vocational education and training for younger students to reduce drop-out rates. The Government indicates that increasing the number of children in education would reduce the risk of engagement in the worst forms of child labour. In this regard, the Committee notes the Government’s statement in its report of 7 December 2005 to the Committee on the Rights of the Child (CRC) that secondary school fees and other costs are considered expensive given the average income level in the country, and that concern has been raised about the number of children who are out of school because their families are unable to meet school-related costs for all of their children (CRC/C/KIR/1, paragraph 152). In this regard, the Committee notes that the CRC expressed concern that the quality of education available to students is decreasing, the access to adequate educational facilities for children in remote areas remains limited, and the cost of education is often prohibitive (29 September 2006, CRC/C/KIR/CO/1, paragraph 56). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take the necessary measures to improve the functioning of the education system and to facilitate access to free basic education. It requests the Government to provide information on the concrete measures taken in this regard in its next report, as well as the results achieved, particularly with respect to increasing enrolment rates and decreasing the number of out-of-school children.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation. The Committee notes the Government’s statement that there are instances of child sexual exploitation involving girls going onto fishing boats in ports, and at Kava bars. The Government indicates that it has taken measures to prevent underage girls from going onto fishing vessels in Kiribati ports to provide sexual services. Specifically, the Ministry of Fisheries has attempted to prohibit this practice through licensing conditions and the police have attempted to restrain girls from getting onto fishing boats. The Government states that these measures have had some impact on reducing the number of girls exploited in this manner, but that this practice still continues. The Committee urges the Government to strengthen its efforts to prevent the commercial sexual exploitation of children in the country, and to continue to provide information on the specific measures taken in this regard. It also requests the Government to provide information, in its next report, on the measures taken to remove children from this worst form of child labour, and to provide appropriate services for their rehabilitation and social reintegration.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that there are no court decisions concerning the application of provisions of the Employment Ordinance or the Penal Code related to the worst forms of child labour. The Government indicates that a child labour survey and report are under preparation, which has documented certain cases of child labour, including some of its worst forms. The release of this study will allow the Government to become more aware of the current child labour situation. The Government indicates that, aside from instances of commercial sexual exploitation of children on fishing boats in ports or at Kava bars, the worst forms of child labour are not considered to be a significant problem in the country. However, the Government also states that there have been reports of children being engaged in hazardous work, on the outer islands and in Betio, in work such as stevedoring, loading and unloading of cargo ships, and some hazardous fisheries work. The Committee therefore requests the Government to take the necessary measures to combat and eliminate the worst forms of child labour identified in the country. It urges the Government to pursue it efforts to ensure that sufficient up-to-date information on the prevalence of the worst forms of child labour in the country is made available, particularly with regard to child commercial sexual exploitation and hazardous work. It requests the Government to provide this information in its next report, as well as any additional available information on the nature, extent and trends of the worst forms of child labour, and the number of children protected by the measures giving effect to the Convention.