Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Forced Labour Convention, 1930 (No. 29) - Cook Islands (Ratification: 2015)

Other comments on C029

Direct Request

2022
2019

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Articles 1(1), 2(1) and 25 of the Convention. Prohibition of forced labour, trafficking in persons and penalties. In response to its previous comments concerning the prevalence of trafficking in persons in the country, the Committee notes the Government’s information in its report that there is no official data on the phenomenon of trafficking in the country and no recorded official cases of forced labour either through the police, the Ministry of Internal Affairs or other Government agencies.

With regard to the provisions prohibiting forced labour, including trafficking in persons, the Government refers to the Crimes Amendment Act of 2004. The Committee takes due note that section 109H prohibits trafficking in persons for the purpose of exploitation while “exploitation” includes all forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs (section 109B). The offence of trafficking in persons is punishable with imprisonment not exceeding 20 years or to a fine or to both.

The Committee also notes that the Crimes Bill of 2017 deals specifically with international and domestic trafficking in persons and contains provisions criminalizing the organizing or assisting in trafficking of persons as well as causing the trafficking of another person through coercion and deceit. The Committee requests the Government to continue to provide information concerning the prevalence of forced labour practices in the country, including trafficking in persons, and on the measures taken to prevent them. Please provide information on any progress made in relation to the adoption of the Crimes Bill of 2017.

Articles 1(1) and 2(1). Freedom of civil servants to leave their service. Following its previous comments, the Committee notes that according to section 34 of the Public Service Act of 2009, public employees (including an officer) may terminate their employment at any time after giving four weeks’ notice in writing to the head of the department.

Article 2(2)(b). Civic obligations. In reply to its previous comments concerning any civic obligations undertaken by citizens, the Government indicates that citizens may be called upon to serve on the jury under the Juries Act of 1968.

Article 2(2)(c). Prison labour. With regard to the conditions of prison labour, the Government states that pursuant to section 17 of the Prisons Act of 1967, there exist two types of work programmes for convicted persons, namely the Work Scheme Programme (WSP) and the Work Gang Programme (WGP). The WSP is an opportunity for inmates to earn a small income whilst working outside the prison at a cost of $30 per day, with 60 per cent going to the Crown and the other 40 per cent banked to the inmates’ account. Applications for the WSP require: a request and an application from the inmate along with other health and prison assessment reports. The WGP is designed to assist with the rehabilitation and reintegration of inmates whereby the cash or value of the work completed by inmates shall be paid by the hirer to the prison in food stuffs or cash. The Committee requests the Government to provide a copy of the polices for the Work Scheme Programme and the Work Gang Programme. It also requests the Government to specify whether these programmes involve work for private entities and if it is the case to indicate how it is ensured that prisoners consent to such work.

Article 2(2)(d). Emergency situations. The Committee notes that, in reply to its previous comments concerning legislation regulating cases of emergency, the Government refers to the Disaster Risk Management Act of 2007, which does not raise issues in relation to the application of the Convention.