Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. In its previous comments, the Committee noted the observations by the Associations of Solomon Islands Manufacturers (ASIM), the Solomon Islands National Teachers’ Association (SINTA) and the Solomon Forestry Association (SFA), regarding certain forms of trafficking in persons for the purpose of prostitution in the Solomon Islands, as well as some cases of forced child labour in the plantation sector, mostly within families. It requested the Government to provide its comments on the matters raised. The Committee also noted the Government’s statement that in the framework of the current labour law review special consideration would be given to adopting measures to combat effectively trafficking in persons.

The Committee notes the Government’s indication that measures have been taken to combat trafficking in persons by establishing the Transnational Crime Unit to combat trafficking. The Committee also duly notes that section 76(1-2) of Immigration Act No. 3 of 2012, provides for a precise definition of what constitutes trafficking in persons, and makes this crime punishable with imprisonment for five years, or a fine, or both, depending on the degree of the seriousness of the offence. Moreover, section 81 of the Act exempts trafficked persons from prosecution. The Government also indicates that so far no penal proceedings have been instigated with regard to perpetrators of trafficking.

In this regard, the Committee requests the Government to continue to provide information on the application of the abovementioned provisions on trafficking in persons, in practice, supplying, once available, statistical data on the legal proceedings which have been instituted against perpetrators, as well as the penalties imposed.

2. Exceptions to forced labour. Over a number of years, the Committee has been requesting the Government to supply information, including copies of relevant statutory instruments or administrative rules or regulations on: (a) any circumstances in which labour may be exacted, in the absence of a sentence by virtue of the order of a court; (b)(i) any labour of a non-military nature which may be required of members of a disciplined force performing compulsory national service (other than conscientious objectors); (ii) the duration of engagement and conditions of resignation of career members of the disciplined forces and other public servants; (iii) any schemes providing for an obligation to serve for a definite period in return for education or training received; and (c) any labour which may be required as minor communal services to be considered as part of reasonable and normal civic obligations incumbent upon the members of the community.

The Committee notes the Government’s indication that there is an absence of relevant legislation on the abovementioned subjects, which are still to be regulated. The Committee requests the Government to provide, in future reports, information on any developments in this regard.

Article 25. Penalties for the exaction of forced or compulsory labour. In its earlier comments, the Committee noted that sections 74 and 75 of the Labour Ordinance (1960) relating to forced labour have been repealed by the Employment Act of 1981. It requested the Government to indicate whether any legislative provisions have been adopted to replace the abovementioned section 75, which made the exaction of forced labour punishable as an offence and, more generally, how effect is given or is proposed to be given to Article 25 of the Convention concerning penalties to be imposed for the exaction of forced or compulsory labour.

The Committee notes the Government’s indication that certain reforms will consider penalties, along the context of human trafficking laws about to be enforced. The Committee hopes that, in the framework of such legislative reforms, the Government will take the necessary measures to ensure the adoption of provisions giving effect to Article 25 of the Convention and that the Government will soon be able to report the progress made in this regard.