Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of laws and regulations governing the execution of penal sentences and compulsory military service laws. Please also provide additional information on the following points.

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Compulsory military service. The Committee has noted that, under section 6(3)(c) of the Constitution of Kiribati, the expression “forced labour” does not include any labour required of a member of a disciplined force in pursuance of his duties or, in the case of conscientious objectors, any labour exacted in lieu of compulsory military service. The Committee requests the Government to provide copies of legislation governing compulsory service in disciplined forces and service exacted from conscientious objectors, so as to enable the Committee to assess its conformity with the Convention. Please state what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(d). Cases of emergency. The Committee has noted that section 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) 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. Please indicate whether any special legislation concerning cases of emergency has been adopted or is to be adopted under these provisions. Please also state 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 has noted that, under section 74(c) of the Employment Ordinance (Cap. 30), the term “forced or compulsory labour” does not include unpaid labour on minor communal works lawfully required by a local government council. It has also noted the joint observations submitted by the Kiribati Trade Union Congress (KTUC) and ten other workers’ unions of Kiribati, communicated by the Government with its report, 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), performed under the threat of a penalty. The Committee requests the Government to provide information on such community works required by the local authorities indicating, in particular, the nature of such works and whether the members of the communities concerned or their direct representatives have the right to be consulted in regard to the need for such services. Please also communicate copies of relevant texts.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee has noted the provision of 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 100 Australian dollars. The Government also indicates in its report that additional penal sanctions for other forms of forced labour are provided for under Part XVI of the Penal Code, such as the case of abduction. Recalling that Article 25 requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee expresses the hope that measures will be taken with a view to revising the existent penal provisions, e.g. on the occasion of the future revision of the Penal Code, so as to reinforce the applicable sanctions for the illegal exaction of forced or compulsory labour, e.g. by including a possibility of imprisonment in the appropriate cases. Pending the adoption of such measures, the Committee requests the Government to provide information on any legal proceedings which have been instituted as a consequence of the application in practice of section 75 of the Employment Ordinance (Cap. 30) and relevant sections of Part XVI of the Penal Code, as well as on the penalties imposed, supplying copies of relevant court decisions.