Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Article 2(2)(d) of the Convention. Cases of emergency. In its previous comments, the Committee noted that article 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) of 1977 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. In this connection, the Government had indicated that the issue of the exaction of compulsory labour in cases of emergency would be considered by the tripartite National Decent Work Agenda Steering Committee. The Committee once again requests the Government to indicate 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.

Article 2(2)(e). Minor communal services. The Committee previously noted the amendment made in 2008 to section 74(c) of the Employment Ordinance (Cap. 30) of 1977, 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 noted the Government’s statement that there is no provision which guarantees the right of members of the communities concerned or their direct representatives to be consulted in regard to the need for such works. The Committee noted further 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. While noting that the Government does not refer, in its report, to the workers’ observations mentioned above, the Committee notes the Government’s indication that minor communal work being performed by the members of the community, on request of the said community, can be considered as normal civic obligations of citizens as long as the members of the community or their representatives have the right to be consulted. In order to ascertain whether the practical effect given to section 74(c) of the Employment Ordinance, as amended, is compatible with the Convention, the Committee again asks the Government to provide information on the exaction of minor communal services in practice, including the duration of the work carried out and the number of persons concerned, as well as on how consultations of the members of the community concerning the need for such services are carried out.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted 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 notes the Government’s indication that no cases of forced labour have been reported under section 75 thus far. The Committee requests the Government to provide information on any measures taken or envisaged with a view to preventing, prosecuting and punishing cases of forced labour, including capacity-building and awareness-raising activities targeted at both law enforcement officials and the population in general, as well as any difficulties encountered in these areas.