Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Other comments on C138

Observation

Direct Request

2020
2018
2016
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2013

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Article 1 of the Convention. National policy for the effective abolition of child labour and application of the Convention in practice. The Committee noted that measures were taken to set up a statistical database on the employment of children and young persons, based on Employment Return Forms. Moreover, the Government indicated that Kiribati worked with the ILO–IPEC through its TACKLE programme in Fiji to undertake a child labour survey and report, and 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 noted that despite the legislation establishing a minimum age of 14, many children under the age of 14 worked, primarily in the informal economy, either full time, or outside school hours.

The Committee notes the Government’s indication, in its report, that it has not yet developed a national child labour policy and that the child labour survey and report have not yet been finalized. The Government further indicates that a Technical Vocational Education Training programme, aimed at helping introduce young people to the labour market at both the international and domestic levels has had a significant contribution in tackling child labour. Furthermore, the Committee notes the technical assistance of the Office in the framework of the Decent Work Country Programme (DWCP). The Committee, once again, requests that the Government pursue its efforts to develop a national child labour policy, and to provide information on any measures taken in this regard. Noting the lack of information in this regard, the Committee requests that the Government 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. Once again, please provide a copy of the child labour survey and report, once completed.

Article 2(1) and (3). Minimum age for admission to employment and age of completion of compulsory schooling. In its previous comments, the Committee noted the adoption of the Education Act No. 12 of 2013 according to which, compulsory education was raised from 14 years of age to 15 or until the child completed junior secondary education, whichever was earlier (section 7).

The Committee notes the Government’s indication that the Employment and Industrial Relations Code 2015 (EIRC) was passed and that its date of entry into force has not yet been specified. It notes that under section 115 of the EIRC the minimum age for employment remains at 14 years. The Committee recalls that according to Article 2(3) of the Convention, the minimum age for employment shall not be less than the age of completion of compulsory schooling and that if the minimum age for admission to work or employment is lower than the school leaving age, children may be encouraged to leave school before the age of 15, as they are legally authorized to work (see General Survey on the fundamental Conventions, 2012, paragraph 370). The Committee therefore requests the Government to consider raising the general minimum age in order to link it with the age of completion of compulsory schooling in conformity with the Convention. Please also indicate when the EIRC will enter into force.

Article 3(2). Determination of types of hazardous work. The Committee notes that section 117(1) of the EIRC prohibits the employment of a child in hazardous work. The EIRC defines a child as a person under the age of 18 years and hazardous work as work that, by its nature or the circumstances under which it is carried out, is likely to jeopardise a child’s health, safety or morals, and shall include any categories of work prescribed as such by the Minister of Labour. The Government also indicates that a draft list of hazardous work is currently under review by the Ministry of Labour and Human Resources Development (MLHRD) and its tripartite forum. The Committee requests that the Government continue to provide information on the progress made in this regard, and to provide a copy of the list, once it is adopted.

Article 7. Light work. The Committee previously noted that the legislation did not provide for an exception to the minimum age of 14 for light work. However, the Committee noted that the Government had sought technical assistance from the ILO to support tripartite constituents in the regulation of light work.

The Committee notes with interest that section 116 of the EIRC provides that a child aged 12 or 13 may be employed or engaged to perform light work that is unlikely to be harmful to the health and development of the child; will not prejudice the child’s school or vocational training attendance; will not prejudice the child’s ability to benefit from schooling or vocational training; and complies with the prescribed requirements for light work. This section also permits the Minister to prescribe 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. In this regard, the Government indicates that as soon as the EIRC comes into force, the MLHRD and its tripartite constituents will commence the preparatory phase to determine the activities that may be carried out. 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 that the Government take the necessary measures to determine the types of light work which are permitted and to provide information in this regard.

Article 9(1). Penalties. The Committee previously noted 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 notes the Government’s indication that there have been no published decisions on section 90 of the Employment Ordinance. It further notes that contravention of section 115 of the EIRC on the minimum age for employment or of section 117 of the EIRC on the minimum age for hazardous work carries a fine of $1000 or a term of imprisonment of 12 months, or both (sections 115(6) and 117(4)). The Committee requests that the Government provide information on the application in practice of sections 115(6) and 117(4) of the EIRC once it is in force.

Article 9(3). Keeping of registers. The Committee notes that section 119 of the EIRC 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, and employment commencement and termination dates.