Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Repetition

The Committee notes with interest that the Employment and Industrial Relations Code 2015 (EIRC) was passed but that its implementation date has not yet been specified. The Committee firmly hopes that the Government will take the necessary measures to ensure that the EIRC enters into force in the very near future. Please provide information on any development achieved in this regard.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted 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 requested the Government to provide information on the application in practice of section 43, including the number of investigations, prosecutions, convictions and the specific penalties applied. The Committee notes the indication of the Government, in its report, that child trafficking is not a significant problem in the country, and that the enforcement authorities confirmed that there have been no reported cases with respect to child trafficking.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Prostitution. The Committee previously noted 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. However, it observed that there was no general prohibition of the use, procuring and offering of all children under 18 for the purpose of prostitution, but noted that the draft Employment and Industrial Relations Act contains provisions in this regard.

The Committee notes the Government’s indication that under section 118(f) of the EIRC, the engagement of any child in the use, procuring or offering of a child for prostitution is prohibited and punished by a $5,000 fine or a term of imprisonment of up to ten years, or both. The Committee requests the Government to provide information on the application in practice of section 118(f) of the EIRC once it has entered into force, including by providing detailed information on the number of cases, prosecutions and convictions imposed.

Pornography. The Committee noted the absence of any legislative provisions relating to the involvement of children in pornography. It notes the Government’s indication that section 118(g) of the EIRC now prohibits the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee requests the Government to provide information on the application in practice of section 118(g) of the EIRC once it has entered into force, including by providing detailed information on the number of cases, prosecutions and convictions imposed.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted the absence of any legislative provisions relating to the involvement of children in illicit activities, beyond the general provisions for adults. The Committee notes that section 118(h) of the EIRC prohibits the use, procuring or offering of a child for illicit activities and that section 118(i) prohibits the use, procuring or offering of a child for the production or trafficking of illegal drugs. The Committee requests the Government to provide information on the application in practice of section 118(h) and (i) of the EIRC once it has entered into force, including by providing detailed information on the number of cases, prosecutions and convictions imposed.

Article 4(1). Determination of types of hazardous work. With regard to the adoption of a list determining the types of hazardous work prohibited for persons under 18 years of age, the Committee refers the Government to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s indication that the Ministry of Labour and Human Resource Development (MLHRD), primarily responsible for eliminating the worst forms of child labour in Kiribati, has not carried out any labour inspection to specifically monitor and eliminate child labour issues due to the lack of specialists available. The Government further indicates that because of the isolation of some islands to the mainland, the MLHRD is planning to decentralize its labour inspection services to outer islands by involving and mandating the Island Councils’ officials to look after employment conditions and in particular children who are engaged in commercial sex and hazardous work. The Committee notes that the labour inspection generally carried out by the Assistant Commissioners of Labour does not monitor or work towards the elimination of the worst forms of child labour as it exclusively deals with the establishment of employment contracts and inspection of employment registers. The Committee recalls that according to Article 5 of the Convention, member States shall, after consultation with employers’ and workers’ organizations, establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. Such monitoring mechanisms are essential for the effective translation of the relevant legislation into practice. Therefore, the Committee requests the Government to take measures to provide training to the labour inspectorate and other relevant monitoring bodies in order to effectively monitor and eliminate the worst forms of child labour. Please provide information on any development achieved or envisaged in this regard. Further, the Committee requests the Government to provide information on the progress made with respect to the decentralization of labour inspection services to detect and eliminate the worst forms of child labour.

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 previously noted that the MLHRD was considering an improved option for technical vocational education and training for younger students to reduce drop-out rates. The Government indicated 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 noted that secondary school fees and other costs are considered expensive given the average income level in the country, and that concern was 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.

The Committee notes the adoption of Education Act No. 12 of 2013 but observes that the Government has not provided any information regarding measures taken to improve the education system or facilitate access to free basic education. Recalling, once again, 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 also requests the Government to provide information on the concrete measures taken in this regard, 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 noted the Government’s statement that there are instances of child sexual exploitation involving girls going onto fishing boats in ports, and at kava bars and that it had 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 stated 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 notes the Government’s indication that the Kiribati Community Police patrol routinely carries out rounds during the night to keep children off the streets and take them back to their families. It states that these patrols constitute a rapid response to commercial sexual exploitation and that it also has a deterrent effect. The Government further indicates that the Ministry of Women, Youth and Social Affairs and the Ministry of Health and Medical Services have recently established new divisions responsible for providing counselling and guidance in resolving personal or psychological problems, including for cases of worst forms of child labour. While taking due note of this information, the Committee requests 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 further requests the Government to provide information on the measures taken to remove children from this worst form of child labour. Please also provide information on any activities undertaken by the Ministry of Women, Youth and Social Affairs and the Ministry of Health and Medical Services in the delivery of appropriate services for the rehabilitation and social reintegration of victims of this worst form of child labour.

Application of the Convention in practice. The Committee previously noted that a child labour survey and report are under preparation, documenting certain cases of child labour, including some of its worst forms to allow the Government to become more aware of the current child labour situation. The Government indicated 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, 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 notes the Government’s indication that the MLHRD does not have a system in place to keep records of information concerning the worst forms of child labour. The Committee therefore requests once again the Government to take the necessary measures to combat and eliminate the worst forms of child labour identified in the country. Noting the absence of information provided in this regard, the Committee 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, disaggregated by sex and age, particularly with regard to child commercial sexual exploitation and hazardous work and to provide information in this respect.