Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Forced Labour Convention, 1930 (No. 29) - Solomon Islands (Ratification: 1985)

Other comments on C029

Direct Request

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee previously noted the adoption of the 2012 Immigration Act (Act No. 3), which contains specific provisions on trafficking in persons (section 76 provides for the offence of trafficking in persons and section 78 provides for the offence of exploiting a trafficked person), as well as the establishment of the Transnational Crime Unit to combat trafficking. It requested the Government to provide information on the application of the Act as regards trafficking in persons and on the legal proceedings instituted against the perpetrators of such practice. The Committee notes the Government’s indication in its report that, between 2018 and 2019, the Transnational Crime Unit identified six victims of trafficking in persons for the purpose of sexual exploitation. However, in various cases, the alleged traffickers were acquitted by the court, or investigators were reportedly unable to gather enough evidence to initiate a prosecution. The Committee also notes that, according to a press release published by the International Organization for Migration (IOM) in August 2019, the Government revealed intention to develop a National Action Plan to Combat Trafficking in Persons and Smuggling. The Committee encourages the Government to intensify its efforts to strengthen the capacities and resources of the law enforcement bodies, such as the Transnational Crime Unit, with a view to ensuring better identification of situations of trafficking in persons, both for labour and sexual exploitation, and proper investigations that could lead to judicial proceedings. The Committee requests the Government to provide information in this respect, including data on the number of investigations, prosecutions and the number of cases that have resulted in acquittals or convictions. The Committee also requests the Government to indicate whether a national action plan to combat trafficking in persons has been adopted and to communicate more detailed information on the measures taken to prevent trafficking in persons, including through awareness-raising campaigns, and to provide protection and assistance to victims.

Article 2(2)(a). Exceptions to forced labour. Military service. In its previous comments, the Committee noted that article 6(3)(c) of Chapter II of the Constitution excludes from the definition of forced labour any labour required of a member of a disciplined force in pursuance of their duties. The same provision also excludes from the definition of forced labour any labour that conscientious objectors are required by law to perform in the place of military service. The Committee requests the Government to indicate whether citizens are under the obligation to undertake military service and, if so, to provide information on the relevant regulation. The Committee also requests the Government to indicate whether there are cases of conscientious objectors to military service who have been required to perform an alternative service, providing information on the modalities of such service and on the type of work undertaken.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that article 6(3)(b) of Chapter II of the Constitution also excludes from the definition of forced labour any labour exacted by lawfully detained persons that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which they are detained. The Committee notes that section 60(1) of the 2007 Correctional Service Act provides that all convicted prisoners may be required to undertake work, within or outside a correctional centre, as prescribed by regulations or in accordance with Commissioners’ orders, provided that consideration is given to the need to provide meaningful rehabilitation of prisoners, with an emphasis on vocational training. The working time of prisoners is limited to eight hours per day and six days per week. According to the Act, further regulations may prescribe prisoners’ entitlements to payment for work and regulate the establishment of correctional centre enterprises. The Committee requests the Government to provide information on the application, in practice, of section 60 of the 2007 Correctional Service Act, indicating whether prisoners may undertake work for private entities, either within correctional service enterprises or outside the prison premises. The Committee also requests the Government to indicate whether any regulation for the operations of correctional centre enterprises has been adopted and if so to provide information in this regard.

Article 25. Penalties for the exaction of forced labour. The Committee previously noted that the 2012 Immigration Act (sections 76 to 78) establishes sanctions for perpetrators of trafficking in persons with imprisonment of up to five years, or a fine, or both depending on the seriousness of the offence. The Committee notes the adoption of the Penal Code (Amendment) (Sexual Offences) Act No. 3 of 2016 which updates a number of sexual offences and introduces new offences such as internal people trafficking. According to section 141(3) of the amended Penal Code, any person who procures or attempts to procure any person to provide commercial sexual services by threatening or intimidating the victim, making false representations or administering or providing an intoxicating drug to the victim shall be sanctioned with up to five years’ imprisonment. Section 145 prescribes a penalty of up to 20 years for engaging in internal people trafficking by one or more of the following means: threats, use of force or other coercion, abduction, fraud, deception, abuse of power or of a position of trust, and giving or receiving payments or benefits to obtain the consent of a person who has control over another person. According to the Penal Code, internal people trafficking covers the acts of recruiting, transporting, harbouring or receiving another person within Solomon Islands for the purpose of exploitation. Exploitation includes all forms of sexual exploitation (including sexual servitude), forced labour or services, slavery or practices similar to slavery and servitude.

The Committee recalls that according to Article 25 of the Convention, penalties imposed by the law for the illegal exaction of forced or compulsory labour must be adequate and strictly enforced. Furthermore, in its 2007 General Survey, the Committee stresses that penalties, such as fines and/or short-term imprisonment for the exaction of forced labour cannot be considered effective, given the seriousness of the offence and the dissuasive effect that penalties should have (2007 General Survey on the eradication of forced labour, paragraph 137). In this regard, the Committee requests the Government to provide statistical data on the application of sections 76 and 78 of the 2012 Immigration Act, as regards sanctions imposed on the perpetrators of trafficking in persons, for both sexual and labour exploitation, as well as on the application of the new provisions of the Penal Code criminalizing forced prostitution and internal people trafficking (sections 141(3) and 145). The Committee also requests the Government to provide information on any other legal provision providing for penal sanctions for the exaction of practices of forced labour that do not amount to or constitute trafficking in persons.