Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Minimum Age Convention, 1973 (No. 138) - Solomon Islands (Ratification: 2013)

Other comments on C138

Direct Request

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The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information with regard to any policies implemented or envisaged to address child labour in the country. According to the information available from the ILO Country Office for Pacific Island Countries, the ILO’s Pacific Sub-regional Child Labour and Trafficking programme conducted the first National Child Labour Forum in the Solomon Islands in August 2014 (Forum 2014) with excellent participation and collaboration from stakeholders. The stakeholders identified key areas of child labour that needed to be addressed immediately and proposed a National Action Plan to eliminate child labour. The Committee requests the Government to provide information on any progress made with regard to the adoption of the proposed National Action Plan to eliminate child labour as well as on its implementation.

Article 2(1). Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, Solomon Islands specified a minimum age of 14 years for admission to employment or work within its territory. It notes that according to section 47 of the Labour Act (Cap 73, 1996 edition (Labour Act)), a person under the age of 15 years shall not be employed or work in any industrial undertaking or in any branch thereof, except in employment approved by the Minister; or on any ship. The Committee requests the Government to indicate whether the Minister had made any approval for employment or work by persons under the age of 14 years pursuant to section 47 of the Labour Act.

Article 2(3). Age of completion of compulsory education. The Committee notes that there is no compulsory education in Solomon Islands. It also notes that according to section 17 of the Education Act, the minimum age for entry into primary school shall be 6 and the maximum age shall be 9. However, the law does not specify the age at which children are permitted to leave school. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee urges the Government to take the necessary measures to ensure compulsory education up to the minimum age for employment (14 years for Solomon Islands), as provided for under Paragraph 4 of Recommendation No. 146.

Article 3(1) and (2). Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee notes that, pursuant to section 49 of the Labour Act, children between the ages of 16 and 18 are permitted to work in mines or on ships on producing a medical certificate approved by the Health Officer or to work during the night with the specific written permission from the Commissioner of Labour. The Committee recalls that pursuant to Article 3(3) of the Convention, receiving adequate specific instruction or training in the relevant branch of activity is one of the conditions required to authorize the employment or work as from the age of 16 years in hazardous types of work. The Committee, therefore requests the Government to take the necessary measures to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized on condition that the young persons have received adequate specific instruction or training in the relevant branch of activity in conformity with the provisions of Article 3(3) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee notes that according to section 54 of the Labour Act, the parent or guardian of a person above the age of 14 years and under the age of 16 years may, with the consent of such persons, apprentice him to an employer to train him or have him trained for a trade or employment.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee notes that section 46 of the Labour Act permits children under the age of 12 years to be employed by and in company with their parents or guardian on light work of an agricultural, domestic or other character which has been approved by the Commissioner of Labour. The Committee reminds the Government that under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age (or 12 years where the minimum age of admission to employment or work is 14 years) on light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminds the Government that according to Article 7(3), of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to bring the national legislation into line with the Convention by permitting employment in light work only by young persons who have reached the age of 12 years. It also requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 12 years and above.

Article 8. Artistic performances. The Committee notes that the national legislation does not contain provisions regulating artistic performances. It therefore reminds the Government that Article 8 of the Convention provides for the possibility, by way of an exception to the minimum age for admission to employment or work and after consultation with the employers’ and workers’ organizations concerned, of granting individual work permits for such purposes as participation in artistic performances. Permits thus granted must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to establish a system of providing individual permits for participation of children in artistic performances as well as to regulate such performances, pursuant to Article 8 of the Convention.

Article 9(1). Penalties. The Committee notes that according to section 52 of the Labour Act, any person who contravenes or fails to comply with any of the provisions related to the employment of children and young persons shall be guilty of an offence and be liable to a fine of 500 Solomon Islands dollars (SBD). It also notes that further to the amendments made by the Penalties Miscellaneous Amendments Act of 2009, the penalties prescribed under section 52 of the Labour Act shall be SBD5,000 (approximately US$636). The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions regarding the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that section 50 of the Labour Act requires every employer in an industrial undertaking and every master of a ship to keep a register of all persons under the age of 18 years employed in such undertaking or on such ship, containing the particulars relating to the employment of such persons, including their name and age. Such register shall at all reasonable times be open to inspection by the Labour Commissioner or other officer authorized by him.

Labour inspectorate. The Committee notes the Government’s indication that there exists a labour inspection system to identify issues pertaining to this Convention. Section 6 of the Labour Act provides for the appointment of a Commissioner of Labour and other officers for the purposes of the administration of this Act. The Committee notes that the Commissioner or a Health Officer may enter at all times upon any place which he has reasonable cause to believe is a place of employment and into any house accommodation provided by an employer for workers, and put any questions concerning the workers and their employment (section 7); call for any information and examine all contracts, registers, books and other documents concerning any workers and their employment (section 8); and institute criminal or civil proceedings in respect of any complaints received or for any offences committed under this Act (section 9). The Committee requests the Government to provide information on the functioning of the labour inspectorate, including number of inspections carried out by the Commissioner of Labour or Health Officer as well as on the number of violations detected with regard to the employment of children and young persons and penalties imposed.

Application of the Convention in practice. The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Department of Labour is currently moving towards establishing a Labour Advisory Board with the objective to prioritize revising existing labour laws of Solomon Islands. It also notes from the ILO project documentation report of April 2015 (ILO report) that although efforts have been made to implement the necessary changes to legislation and policies, stakeholders currently lack the capacity to implement the Convention. This report also indicates that the ILO Office for Pacific Island Countries is currently providing technical assistance in this regard. Moreover, according to the ILO report a rapid assessment research was undertaken by the ILO in September 2014. This research has found that child labour exists in Solomon Islands. The Committee requests the Government to provide information from the 2014 rapid assessment, on the employment of children and young persons, particularly the number of children under the minimum age of 14 who are engaged in child labour. It also requests the Government to provide information on the progress made in establishing the Labour Advisory Board and the measures taken thereafter to revise the labour laws.