Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Kiribati (Ratification: 2009)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes with regret that the Government does not provide information on the application in practice of sections 118(h) and (i) of the Employment and Industrial Relations Code, 2015 (EIRC), which prohibit the use, procuring or offering of a child for illicit activities and for the production or trafficking of illegal drugs. The Government indicates that the Ministry of Employment and Human Resources (MEHR) has noted the need to raise awareness of its laws, including section 118(h) and (i) of the EIRC. In this regard, the Government indicates that the MEHR will work closely with the Child Labour Taskforce to strengthen the mechanisms currently in place by the relevant authorities, such as the Kiribati Police Service (KPS). The Committee requests the Government to take the necessary measures to ensure the effective implementation of section 118(h) and (i) of the EIRC. In this regard, it requests the Government to provide information on the progress achieved by the MEHR and the Child Labour Taskforce to reinforce the work of the relevant law enforcement authorities, and on the results achieved.

Article 7(1). Penalties. Following its previous comments, the Committee notes the Government’s information according to which legislative amendments to section 118(2) of the EIRC – to ensure that sufficiently effective and dissuasive sanctions are imposed on the perpetrators of the worst forms of child labour (under section 118(1) of the EIRC) – have been supported by the Decent Work Advisory Board (DWAB) members. However, consultations are still underway with the relevant stakeholders to ensure that adequate and dissuasive penalties are in place for the perpetrators of the worst forms of child labour. This will take into consideration current national penalties in comparison with regional practices, as well as the ILO’s technical advice. This recommendation is anticipated to form part of the next amendment to the EIRC. The Committee accordingly requests the Government to provide information on the progress made regarding the next amendment to section 118(2) of the EIRC. It expresses the firm hope that this amendment will ensure that sufficiently effective and dissuasive sanctions are applied on the perpetrators of the worst forms of child labour, prohibited under section 118(1) of the EIRC.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s information that it continues to take measures, pursuant to the Education Sector Strategic Plan (ESSP) 2020–23, to provide access to all school-aged children in Kiribati to high quality education. To this end, the Ministry of Education (MOE) has introduced initiatives to address the issue of school drop-outs, including new inclusive curriculums; the establishment of more schools; programmes of support to teachers; and the provision of resources to ensure the inclusion of students with special needs.

The Government indicates, however, that challenges remain regarding financial support to ensure the sustainability, implementation and enforcement of these measures. In addition, the Committee notes that the UN Committee on the Rights of the Child (CRC), in its concluding observations published on 12 September 2022, expressed concern about the lack of educational facilities and infrastructure at the secondary and tertiary levels; the disparities in the quality of education and inadequate teacher trainings; and the disparities between enrolment rates among boys and girls in primary school and the low enrolment rate among all children in secondary school, in particular in rural areas (CRC/C/KIR/CO/2-4, paragraph 50). The Committee therefore requests the Government to pursue its efforts to facilitate access to free basic education, at the primary and secondary levels, for all children. It requests the Government to continue to provide information on the measures taken in this regard as well as their impact, in particular with regard to increasing the enrolment rate of children at the lower secondary level and reducing the disparities between the enrolment of boys and girls at the primary level.

Clause (d). Children at special risk. Vulnerability to climate change. The Committee notes that, according to a UNICEF country profile for Kiribati 2023–27, one of the emerging issues in Kiribati is the increase in natural disasters and climate change threats, undermining the country’s sustainable development and the wellbeing of its people. Similarly, in its concluding observations published on 12 September 2022 (CRC/C/KIR/CO/2-4, paragraph 46), the CRC expressed concern about the increasingly adverse impacts of global climate change and natural disasters on the rights of the child, and on the lack of research, information sharing and awareness-raising in the country regarding the effects of climate change that is specifically focusing on children. The Committee observes that climate change may increase the risk of child labour and its worst forms and the circumstances under which it is undertaken for a number of reasons, including the negative effects of weather shocks, climate-driven migratory movements and population displacements, and heat stress linked to climate change. The Committee requests the Government to provide information on the time-bound measures taken to protect children from the worst forms of child labour due to the effects of climate change.