Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee notes the observations by the Associations of Solomon Islands Manufactures (ASIM), communicated by the Government with its report, concerning the application of the Convention, which contains reference to certain forms of trafficking in persons for the purpose of prostitution in the Solomon Islands. It also notes the observations by the Solomon Islands National Teachers’ Association (SINTA) and the Solomon Forestry Association (SFA), communicated by the Government, in which the unions refer to some cases of forced child labour in the plantation sector, mostly within families. Referring also to its 2000 general observation concerning trafficking, the Committee requests the Government to comment on the above observations by ASIM, SINTA and SFA and provide, in its next report, information on measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

2. In its earlier comments, the Committee noted that section 6 of the Constitution of the Solomon Islands provides for protection from slavery and forced labour (paragraphs (1) and (2)) and lays down exclusions from the expression “forced labour” (paragraph (3)). On numerous occasions it requested the Government to supply information, including copies of relevant statutory instruments or administrative rules or regulations on: (a) any circumstances in which labour may be exacted, in the absence of a sentence, by virtue of the order of a court; (b)(i) any labour of a non-military nature which may be required of members of a disciplined force performing compulsory national service (other than conscientious objectors); (ii) the duration of engagement and conditions of resignation of career members of the disciplined forces and other public servants; (iii) any schemes providing for an obligation to serve for a definite period in return for education or training received; and (c) any labour which may be required as minor communal services to be considered as part of reasonable and normal civic obligations incumbent upon the members of the community. The Committee observes that the Government’s report contains no new information on these issues. It therefore expresses firm hope that the Government will not fail to supply the information requested in its next report.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted that sections 74 and 75 of the Labour Ordinance (1960) relating to forced labour have been repealed by the Employment Act of 1981. It requested the Government to indicate whether any legislative provisions have been adopted to replace the abovementioned section 75, which made the exaction of forced labour punishable as an offence and, more generally, how effect is given or is proposed to be given to Article 25 of the Convention concerning penalties to be imposed for the illegal exaction of forced or compulsory labour.

The Committee notes the Government’s indication in the report that the issue of the penalties to be imposed for the illegal exaction of forced or compulsory labour will be reviewed in the framework of the current labour law reform undertaken in association with the employers’ and workers’ organizations and the ILO. The Committee hopes that the necessary measures will be taken to adopt provisions giving effect to Article 25 of the Convention and that the Government will soon be able to report the progress made in this regard.