Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Minimum Age Convention, 1973 (No. 138) - Kiribati (Ratification: 2009)

Other comments on C138

Observation

Direct Request

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2013

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The Committee notes the Government’s first report.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 14 years as the minimum age for admission to employment or work. The Government indicates that this age was determined during consultations with the employers’ and workers’ organizations represented in the Decent Work Agenda Steering Committee (DWASC). The Committee notes that pursuant to section 84 of the Employment Ordinance 1977, a child under the age of 14 shall not be employed, in line with the age specified upon ratification.

Article 2(3). Age of completion of compulsory education. The Committee notes the Government’s statement that, pursuant to section 29 of the Education Ordinance, the Minister may, by Order, provide the minimum age for leaving compulsory education. In this regard, the Committee notes the Government’s statement in its report to the Committee on the Rights of the Child of 7 December 2005 that education is compulsory between the ages of 6 and 14 years (CRC/C/KIR/1, paragraph 149). The Committee requests the Government to provide a copy of the Order, issued pursuant to section 29 of the Education Ordinance, specifying the age of completion of compulsory education, with its next report.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that section 87(1) of the Employment Ordinance, as amended in 2008, prohibits children between the ages of 14 and 18 years from performing work, or from being employed in any occupation or activity, which by its nature or the circumstance in which it is carried out, is likely to jeopardize the health, safety, education, morals or development of such a person, in conformity with Article 3(1) of the Convention.

Article 3(2). Determination of types of hazardous work. The Committee notes that section 87(2) of the Employment Ordinance, as amended in 2008, states that the Minister, in consultation with any relevant organizations of employers and workers and the Government’s advisory committee on children, shall specify by notice occupations or activities which, in the opinion of the Minister, are likely to have the effect mentioned in section 87(1). In this regard, the Committee notes the Government’s statement that in 2009, tripartite constituents participated in an ILO facilitated workshop on Conventions Nos 138 and 182, during which the preparation of a list of hazardous types of works commenced. Another workshop was held in August 2011, and a draft list was approved. This list awaits approval by the DWASC. The Government indicates that it hopes that this approval will be received in the near future, after which a Ministerial Order will be issued. Recalling that, pursuant to Article 3(2) of the Convention, the types of hazardous employment or work prohibited to persons under 18 shall be determined by national laws or regulations or by the competent authority, the Committee requests the Government to take the necessary measures to ensure that a list of types of hazardous work is approved by the DWASC, and that subsequently, a Ministerial Order is issued, pursuant to section 87(2) of the Employment Ordinance. It requests the Government to continue to provide information on progress made in this regard, and to provide a copy of the list, once adopted.

Article 6. Apprenticeship. The Committee notes that according to section 94 of the Employment Ordinance, the general minimum age for apprenticeships is 16 years. It notes that pursuant to section 92, parents or guardians of children above the age of 14 years and under the age of 16 years may, with the consent of the child, apprentice him to an employer to train him or have him trained systematically for a trade or employment in which art or skill is required.

Article 7. Light work. The Committee notes the Government’s statement that Kiribati does not currently provide for an exception to the minimum age of 14 for light work. However, the Committee notes the Government’s statement that it has sought technical assistance from the ILO to support tripartite constituents in the regulation of light work. In this regard, the Committee notes that a draft Employment and Industrial Relations Code of Kiribati was developed. Section 130 of this draft Code provides that a child aged 12 or 13 must not be employed or work in any capacity, except in light work that is unlikely to be harmful to the health and development of the child; will not affect the child’s school or vocational training attendance; will not affect the child’s ability to benefit from schooling or vocational training; and complies with the prescribed requirements for light work. This draft Code also permits the Minister to prescribe, by Order, the requirements for light work, including the permissible times and hours of work, the activities that may be carried out and the conditions under which these activities may be performed. The Committee encourages the Government to pursue its efforts to regulate light work through the adoption of the draft Employment and Industrial Relations Code of Kiribati, and requests the Government to continue to provide information on measures taken in this regard. Recalling that, pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken, the Committee requests the Government to take the necessary measures to determine the types of light work which are permitted, following the adoption of the Code.

Article 8. Artistic performances. The Committee notes the Government’s statement that no procedures have been established for the granting of permits that allow exceptions to the prohibition on employment for participation in artistic performances, and that no permits have been previously granted in Kiribati.

Article 9(1). Penalties. The Committee notes that pursuant to section 90 of the Employment Ordinance, any person who violates the provisions in Part IX relating to the employment of children and other young persons will be liable to a fine of $50. The Committee requests the Government to provide information on the application in practice of section 90 of the Employment Ordinance in its next report, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes the Employment Return Form, submitted with the Government’s report, which requires employers to record the age of their workers. This form must be submitted to the Commissioner of Labour. The Committee also notes that section 134 of the draft Employment and Industrial Relations Code of Kiribati provides that, for each employee under the age of 18, an employer must keep a register of the child’s name, date of birth, sex, occupation, employment status, hours of work, school or vocational training attendance, rate of pay, employment commencement and termination dates. Section 134 of this draft Code further provides that an employer must produce this register for inspection when required by the secretary, labour inspector or a labour officer. The Committee requests the Government to provide a copy of the Employment and Industrial Relations Code of Kiribati, once adopted.

Article 1 of the Convention and Part V of the report form. National policy for the effective abolition of child labour and application of the Convention in practice. The Committee notes the Government’s statement that child labour is not thought to be a significant concern in Kiribati, but that there is very little data available to substantiate this position. However, measures have been taken to set up a statistical database on the employment of children and young persons, based on Employment Return Forms. Moreover, the Government indicates that Kiribati has worked with the ILO–IPEC through its TACKLE programme in Fiji to undertake a child labour survey and report, and that a draft report has been presented to the Kiribati Government. The Government indicates that the information gathered from this survey could be translated into a policy to ensure that children under the minimum age are not employed, thereby contributing to the elimination of child labour.

The Committee also notes that the Committee on the Rights of the Child, in its most recent examination of Kiribati, expressed concern that despite the legislation establishing a minimum age of 14, many children under the age of 14 work, primarily in the informal economy, either full time, or outside school hours (29 September 2006, CRC/C/KIR/CO/1, paragraph 58). The Committee therefore requests the Government to pursue its efforts to develop a national child labour policy, and to provide information on any measures taken in this regard. It also strongly encourages the Government to pursue its efforts to ensure that sufficient data on the situation of working children in Kiribati is made available, including information on the number of children below the minimum age engaged in economic activity, and the nature, scope and trends of their work. In this regard, it requests the Government to provide a copy of the child labour survey and report, once completed.