Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee previously noted the Government’s indication that the legislation protecting children in employment was inadequate and that proposals to replace the legislation were due to be submitted to the Government for approval. It noted that the Commerce and Employment Department is the lead authority on the review of legislation on the employment of children and young persons, and that this review would take account of existing insular legislation, the provisions of Convention No. 182 and the Convention on the Rights of the Child. The Committee noted that no progress had yet been made in this review, and drew the Government’s attention to Article 1 of the Convention that requires member States which have ratified the Convention to take immediate measures to prohibit the worst forms of child labour as a matter of urgency.

The Committee notes the Government’s information that the Commerce and Employment Department intends to carry out a public consultation on a range of employment issues in the latter part of 2009 or the early part of 2010. The Committee notes the Government’s statement that this will include proposals regarding the new legislation on the employment of children. The Committee trusts that these legislative proposals include measures to prohibit the worst forms of child labour, in conformity with Article 1 of the Convention. The Committee requests the Government to redouble its efforts to ensure that legislation prohibiting the worst forms of child labour is adopted as a matter of urgency, and requests the Government to supply a copy thereof once it has been adopted.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously asked the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children in conformity with Article 3(a) of the Convention. The Committee noted the Government’s reference to the draft framework of proposed new legislation on the employment of children and young persons (the draft framework) that was intended to address this issue, and requested the Government to provide a copy of this draft framework.

The Committee again notes that a copy of this draft framework is not included with the Government’s report. It notes the Government’s statement that at this time this draft remains a staff working document, and has not yet been adopted. The Committee recalls that by virtue of Article 3(a) of the Convention, the sale and trafficking of children under 18 years constitutes one of the worst forms of child labour and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. Accordingly, the Committee urges the Government to take immediate and effective measures to ensure that the draft framework, according to which the sale and trafficking of all children under 18 will be prohibited, is adopted in the very near future.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee previously requested the Government to provide information on the measures taken or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution. It noted the Government’s information that the draft framework includes provisions relating to prostitution, and requested the Government to supply a copy of this draft framework with its next report. Noting that no such copy of the draft framework is attached, the Committee urges the Government to take the necessary measures to ensure that the proposed legislation includes provisions prohibiting the use, procuring or offering of children under 18 years of age for prostitution, in conformity with Article 3(b) of the Convention. It requests the Government to provide information on developments in this regard.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that the Protection of Children (Bailiwick of Guernsey) Law of 1985 (Protection of Children Law) contained provisions protecting children from acts of gross indecency and from involvement in pornography. It had also noted the Government’s information that the draft framework is intended to provide more comprehensive protection in this regard, and requested the Government to provide a copy of the Protection of Children Law. The Committee notes that the Protection of Children Law, submitted with the Government’s report, prohibits, pursuant to section 1, acts of gross indecency with or towards a child, or inciting a child to such an act. The Committee observes that the term gross indecency does not appear to be defined in the legislation. The Committee also notes that section 3 of the Protection of Children Law prohibits taking (or permitting the taking of), distributing, showing, or possessing with a purpose to distribute indecent photographs of a child. It is also prohibited to publish (or cause to be published) any advertisement which conveys that the advertiser distributes or shows indecent photographs of a child. The Committee further notes that pursuant to section 9(5) of the Protection of Children Law, indecent photographs include any form of video recording.

However, the Committee notes that pursuant to section 9(1) of the Protection of Children Law, a child is defined as a person under the age of 16 years. The Committee reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to take measures to ensure that the use, procuring, or offering a person under the age of 18 for the production of pornography or for pornographic performances is prohibited in the draft framework, in accordance with Article 3(b) of the Convention. The Committee also requests the Government to clarify the meaning of the term “gross indecency” found in section 1 of the Protection of Children Law.

Clause (d) and Article 4. Hazardous work. The Committee previously noted the information in the Government’s report that the draft framework includes a preliminary list of hazardous work to be prohibited for children under the age of 18 years. The Committee requested the Government to provide information with regard to the adoption of this list. The Committee notes the Government’s statement that the provisions in the draft framework remain unchanged, but will be reviewed in relation to extant health and safety legislation, to ensure that there is no duplication in provisions. The Committee encourages the Government to complete this review, and, following consultation with the organizations of employers and workers concerned, to take the necessary measures to ensure the adoption of this list of hazardous types of work prohibited for children under the age of 18, pursuant to Articles 3(d) and 4 of the Convention.

Article 5. Monitoring mechanisms. The Committee previously noted that the States Children Board, pursuant to the Children and Young Persons (Guernsey) Law of 1967 (CYP Law), the States Education Council and the Board of Industry have various responsibilities for the monitoring of children engaged in employment. It noted that a new law was proposed to replace the CYP Law, and requested the Government to provide information on this new legislation, in addition to supplying a copy of the CYP Law. The Committee notes the copy of the CYP Law (and the copies of its 1997 and 2000 amendments) included with the Government’s report. However, the Committee notes that the CYP Law appears to have been repealed, pursuant to the Children (Guernsey and Alderney) Law, 2008 (Children’s Law 2008), which received the approval of the Privy Council on 10 June 2009.

The Committee notes that section 29 of the Children’s Law 2008 establishes the Islands Child Protection Committee (ICPC), whose membership includes the Chief Officer of Police, the Director of the Education Department, the Chief Probation Officer, the Children’s Convenor, the President of the Child, Youth and Community Tribunal, the Governor of Guernsey Prison, the Chief Executive of the States of Alderney, a medical practitioner, and nominees from at least two voluntary agencies working with children in Guernsey or Alderney. The Committee notes that the ICPC’s principal objective is to coordinate what is done by each person or organization represented on the ICPC for the purpose of safeguarding and promoting the welfare of the children of Guernsey and Alderney. The Committee also notes that section 30 the Children’s Law 2008 establishes the Office of the Children’s Convenor, to whom, by virtue of section 36, matters involving a child in need of protection shall be referred. Pursuant to section 35(2) of the Children’s Law 2008, children requiring intervention include children who have suffered, or are likely to suffer, significant impairment to their health or development, or have suffered, or are likely to suffer, sexual or physical abuse, in addition to children who have been exposed, or are likely to be exposed, to moral danger. Noting these provisions, the Committee requests the Government to provide information on the activities of the ICPC and the Office of the Children’s Convenor, with regard to the monitoring of the worst forms of child labour.

Article 7, paragraph 1. Penalties. 1. General penalties. The Committee had previously noted the Government’s information that it was proposed that any new legislation on the employment of children and young persons would allow for penalties that included a fine, imprisonment, or both. It requested the Government to provide further information on the applicable penalties which give effect to this Convention. The Committee notes the Government’s statement that specific penalties will be determined by legal advisers when proposals for the new legislation are approved by the Government, assuming that approval is forthcoming. The Committee requests the Government to continue to provide information on developments with regards to the adoption of legislation containing penalties which will give effect to this Convention, and to provide a copy of this legislation when it is adopted.

2. Pornography. The Committee notes that section 8 of the Protection of Children Law provides penalties for the commission of an offence under section 2 (concerning the taking, possession, distribution, etc. of indecent photographs of children). Section 8 states that persons guilty of an offence under section 2 are, following a conviction on indictment, liable to imprisonment for a term not exceeding three years, or to a fine, or both, and following a summary conviction, to imprisonment for a term not exceeding three months, or to a fine not exceeding £500, or both. The Committee observes that it appears that a person who commits an offence concerning the taking of indecent photographs of a child, including the recording of a video, may therefore be subject only to a fine. The Committee recalls that by virtue of Article 7(1) of the Convention, the Government shall take all necessary measures to ensure the effective implementation of the provisions giving effect to the Convention, including the provision and application of dissuasive criminal penalties. The Committee accordingly requests the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the infringement of the prohibition of using, procuring or offering a child for the production of pornography or for pornographic performances.

Article 8. International cooperation. The Committee previously noted that Guernsey provides assistance to a number of countries and to a variety of projects through the work of the Overseas Aid Commission. The Committee notes the Government’s reference to the annual report of the Overseas Aid Commission for 2008, though notes that this is not attached to the Government’s report. The Committee requests the Government to provide a copy of the most recently issued annual Overseas Aid Commission Annual Report with its next report.