Repetition

Article 1 of the Convention. National policy for the elimination of child labour and application in practice. The Committee previously noted that a national action plan to eliminate child labour was proposed by stakeholders at the National Child Labour Forum conducted by the ILO’s Pacific Sub-regional Child labour and Trafficking Programme in the country in 2014 and requested the Government to provide information on any progress made in this regard. The Committee also noted that the Department of Labour was moving towards establishing a Labour Advisory Board with the objective of revising the labour legislation. The Committee notes the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) that, due to under-staffing in the Labour division, little progress has been made towards the adoption of the national plan to address child labour. The Committee also notes that the Government indicates in its report that the proposed plan needs to be revised in light of new emerging issues taking into consideration the views of other stakeholders. The Committee further notes the Government’s indication that the Labour Advisory Board has been established and that it is undertaking the review of the labour legislation, for which the Government is planning to request ILO technical assistance. The Committee notes that according to UNICEF Statistics, as of 2015, the percentage of children aged 5 to 17 years old engaged in child labour was 17.9 per cent. While noting the absence of a national policy aimed at ensuring the elimination of child labour, the Committee once again requests the Government to take the necessary measures, without delay, to adopt, a national action plan to combat and progressively eliminate child labour, taking into consideration the views of the different stakeholders involved in its development.

Article 2(1) and (5). 1. Minimum age for admission to employment or work. The Committee previously noted that section 47 of the Labour Act (Cap 73, 1996 edition), a child under the age of 15 years shall not be employed or work in any industrial undertaking or in any branch thereof, except in employment approved by the Minister; or on any ship. In this regard, the Committee requested the Government to indicate whether the Minister has made any approval of employment or work by children under the age of 14 (minimum age for admission to employment in the country). The Committee notes the Government’s indication that the Minister or commissioner has not made any such approval for a formal employment since all formal employment entry requirement is that the employed person is 18 years of age and above. The Committee requests the Government to provide information on the measures taken to ensure that no person under the specified minimum age (14) may be admitted to employment or work in any occupation whatsoever. While noting that a review of the labour legislation is in progress, the Committee requests the Government to indicate whether, in the process of such review, consideration has been made to raise the minimum age for admission to employment or work; or to indicate whether its reasons for keeping the minimum age of 14 subsist.

2. Scope of application and labour inspectorate. Children working in the informal economy. The Committee previously noted the Government’s indication that its labour inspection system is in charge of monitoring issues pertaining to the Convention and requested the Government to provide information on the number of inspections carried as well as on the number of violations detected with regard to the employment of children and young persons, including penalties imposed. The Committee also noted from the ILO project documentation report of April 2015 that stakeholders lacked the capacity to implement the convention. The Committee notes that, according to the ILO Rapid Assessment of Children in Child Labour in Honiara, Solomon Islands published in 2016, 118 out of 172 working children interviewed for the assessment were working mainly in the urban informal sector, some of them in work considered as hazardous. Over one quarter of the children interviewed who were working in the informal sector were below the age of 14 years. In addition, the Committee notes, that, according to the 2017 UNICEF Report Situation Analysis of Children in Solomon Islands, children in the Solomon Islands are involved in a range of different forms of work, including working on buses and selling food at markets. The Report further indicates that the primary areas where the exploitation of children is visible are agriculture, fishing, forestry, mining, construction, domestic work, scavenging, and street crime (pages 96 and 97). The Committee requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to effectively detect cases of child labour, particularly in sectors where the prevalence of child labour is high. In this regard, the Committee requests the Government to provide information on the number of inspections carried out, the number and nature of violations detected and penalties applied. The Committee also requests the Government to take the necessary measures to ensure that all children under 14 years of age, particularly children working on their own account or in the informal economy, benefit from the protection laid down by the Convention, and to provide information in this respect.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the 1978 Education Act establishes that the minimum age for entry into school (6 years) but does not specify the age of completion of compulsory education. The Committee thus urged the Government to take the necessary measures to ensure compulsory education up to the minimum age for admission to employment (14 years). The Committee notes that the Government indicates that a draft Education Bill has been prepared with the aim of ensuring compulsory education for children between 6 and 14 years of age. The Committee encourages the Government to continue to take the necessary measures to ensure that a new Education Bill providing for compulsory education of children up to the minimum age for admission to employment or work is adopted. The Committee requests the Government to provide a copy of the Bill once adopted.

Article 3(3). Admission to hazardous work from the age of 16. The Committee previously noted that section 49 of the Labour Act prohibits employing children under 18 years of age to work during the night; underground in mines, and on ships as trimmers or stoker, with the exception of male children who have attained the age of sixteen and are medically fit to carry out such types of work. While recalling that Article 3(3) of the Convention requires that one of the requirements to authorize that children over 16 years of age undertake hazardous work is to provide them specific instruction or training in the relevant branch of activity, the Committee requested the Government to take the necessary measures to ensure compliance with this requirement. The Committee notes that, in response to this request, the Government indicates that the National Trade Training and Testing Unit of the Labour Division is the entity responsible to ensure that all persons who intend to undertake hazardous work receive the necessary training. The Committee requests the Government to provide information on the number of children who have received training as a condition to carry out hazardous work, indicating their ages and the respective branch of activity.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. In its previous comments, the Committee noted that section 46 of the Labour Act permits children, under the age of 12, to be employed by and in company with their parents or guardian in light work of an agricultural, domestic or other character provided that it has been approved by the Commissioner of Labour. Recalling the conditions for light work of children in the Convention, the Committee requested the Government to take the necessary measures to bring its national legislation in conformity with the Convention and to indicate the measures taken or envisaged to determine light work activities and the conditions upon which children of 12 years and above can undertake such activities. The Committee notes that the Government replies to its request indicating that this subject will be considered during the process of review of the labour legislation. The Committee expresses the firm hope that the revised labour legislation will establish 12 years of age as the minimum age for children allowed to undertake light work, subject to the conditions indicated in Article 7(1) of the Convention, namely that the work is not likely to be harmful to their health or development; and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also requests the Government to provide information on the measures taken to determine light work activities permitted to children from 12 to 14 years of age, as well as the number of hours during which and the conditions in which such employment or work may be undertaken

Article 8. Artistic performances. The Committee previously noted that the national legislation does not regulate the work of children in relation to artistic performances and requested the Government to indicate whether, in practice, children under 14 years of age participate in artistic performances and, if so, to regulate this participation in conformity with Article 8 of the Convention. The Committee notes that the Government has not provided information in this regard. The Committee once again requests the Government to indicate whether, in practice, children under 14 years of age participate in artistic performances and, if so, to provide information on the measures taken, in consultation with the organizations of employers and workers concerned, to regulate the participation of children under 14 years of age in artistic performances, including information on the establishment of a system of permits that indicate the number of hours and conditions for this type or activity.

Article 9(1). Penalties. The Committee previously noted that section 52 of the Labour Act lays down a financial penalty of 5,000 Solomon Islands dollars (approximately US$636) for persons who contravene the provisions concerning the employment of children and young persons and requested the Government to provide information on the application of this penalty in practice. The Committee notes that the Government has not indicated any case where a penalty for violation of the provisions of the Labour Act regarding employment of children and young persons has been imposed. The Committee requests the Government to provide information on the practical application of section 52 of the Labour Act, including the type of violations of the provisions on the employment of children and young persons, and the number of penalties imposed.

Noting that the Labour Advisory Board has been established and that it is undertaking the review of the labour legislation, the Committee hopes that its comments on discrepancies between national legislation and the Convention will be taken into account during this review. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information with regard to any policies implemented or envisaged to address child labour in the country. According to the information available from the ILO Country Office for Pacific Island Countries, the ILO’s Pacific Sub-regional Child Labour and Trafficking programme conducted the first National Child Labour Forum in the Solomon Islands in August 2014 (Forum 2014) with excellent participation and collaboration from stakeholders. The stakeholders identified key areas of child labour that needed to be addressed immediately and proposed a National Action Plan to eliminate child labour. The Committee requests the Government to provide information on any progress made with regard to the adoption of the proposed National Action Plan to eliminate child labour as well as on its implementation.

Article 2(1). Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, Solomon Islands specified a minimum age of 14 years for admission to employment or work within its territory. It notes that according to section 47 of the Labour Act (Cap 73, 1996 edition (Labour Act)), a person under the age of 15 years shall not be employed or work in any industrial undertaking or in any branch thereof, except in employment approved by the Minister; or on any ship. The Committee requests the Government to indicate whether the Minister had made any approval for employment or work by persons under the age of 14 years pursuant to section 47 of the Labour Act.

Article 2(3). Age of completion of compulsory education. The Committee notes that there is no compulsory education in Solomon Islands. It also notes that according to section 17 of the Education Act, the minimum age for entry into primary school shall be 6 and the maximum age shall be 9. However, the law does not specify the age at which children are permitted to leave school. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee urges the Government to take the necessary measures to ensure compulsory education up to the minimum age for employment (14 years for Solomon Islands), as provided for under Paragraph 4 of Recommendation No. 146.

Article 3(1) and (2). Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee notes that, pursuant to section 49 of the Labour Act, children between the ages of 16 and 18 are permitted to work in mines or on ships on producing a medical certificate approved by the Health Officer or to work during the night with the specific written permission from the Commissioner of Labour. The Committee recalls that pursuant to Article 3(3) of the Convention, receiving adequate specific instruction or training in the relevant branch of activity is one of the conditions required to authorize the employment or work as from the age of 16 years in hazardous types of work. The Committee, therefore requests the Government to take the necessary measures to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized on condition that the young persons have received adequate specific instruction or training in the relevant branch of activity in conformity with the provisions of Article 3(3) of the Convention.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee notes that section 46 of the Labour Act permits children under the age of 12 years to be employed by and in company with their parents or guardian on light work of an agricultural, domestic or other character which has been approved by the Commissioner of Labour. The Committee reminds the Government that under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age (or 12 years where the minimum age of admission to employment or work is 14 years) on light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminds the Government that according to Article 7(3), of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to bring the national legislation into line with the Convention by permitting employment in light work only by young persons who have reached the age of 12 years. It also requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 12 years and above.

Article 8. Artistic performances. The Committee notes that the national legislation does not contain provisions regulating artistic performances. It therefore reminds the Government that Article 8 of the Convention provides for the possibility, by way of an exception to the minimum age for admission to employment or work and after consultation with the employers’ and workers’ organizations concerned, of granting individual work permits for such purposes as participation in artistic performances. Permits thus granted must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to establish a system of providing individual permits for participation of children in artistic performances as well as to regulate such performances, pursuant to Article 8 of the Convention.

Article 9(1). Penalties. The Committee notes that according to section 52 of the Labour Act, any person who contravenes or fails to comply with any of the provisions related to the employment of children and young persons shall be guilty of an offence and be liable to a fine of 500 Solomon Islands dollars (SBD). It also notes that further to the amendments made by the Penalties Miscellaneous Amendments Act of 2009, the penalties prescribed under section 52 of the Labour Act shall be SBD5,000 (approximately US$636). The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions regarding the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that section 50 of the Labour Act requires every employer in an industrial undertaking and every master of a ship to keep a register of all persons under the age of 18 years employed in such undertaking or on such ship, containing the particulars relating to the employment of such persons, including their name and age. Such register shall at all reasonable times be open to inspection by the Labour Commissioner or other officer authorized by him.

Labour inspectorate. The Committee notes the Government’s indication that there exists a labour inspection system to identify issues pertaining to this Convention. Section 6 of the Labour Act provides for the appointment of a Commissioner of Labour and other officers for the purposes of the administration of this Act. The Committee notes that the Commissioner or a Health Officer may enter at all times upon any place which he has reasonable cause to believe is a place of employment and into any house accommodation provided by an employer for workers, and put any questions concerning the workers and their employment (section 7); call for any information and examine all contracts, registers, books and other documents concerning any workers and their employment (section 8); and institute criminal or civil proceedings in respect of any complaints received or for any offences committed under this Act (section 9). The Committee requests the Government to provide information on the functioning of the labour inspectorate, including number of inspections carried out by the Commissioner of Labour or Health Officer as well as on the number of violations detected with regard to the employment of children and young persons and penalties imposed.

Application of the Convention in practice. The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Department of Labour is currently moving towards establishing a Labour Advisory Board with the objective to prioritize revising existing labour laws of Solomon Islands. It also notes from the ILO project documentation report of April 2015 (ILO report) that although efforts have been made to implement the necessary changes to legislation and policies, stakeholders currently lack the capacity to implement the Convention. This report also indicates that the ILO Office for Pacific Island Countries is currently providing technical assistance in this regard. Moreover, according to the ILO report a rapid assessment research was undertaken by the ILO in September 2014. This research has found that child labour exists in Solomon Islands. The Committee requests the Government to provide information from the 2014 rapid assessment, on the employment of children and young persons, particularly the number of children under the minimum age of 14 who are engaged in child labour. It also requests the Government to provide information on the progress made in establishing the Labour Advisory Board and the measures taken thereafter to revise the labour laws.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information with regard to any policies implemented or envisaged to address child labour in the country. According to the information available from the ILO Country Office for Pacific Island Countries, the ILO’s Pacific Sub-regional Child Labour and Trafficking programme conducted the first National Child Labour Forum in the Solomon Islands in August 2014 (Forum 2014) with excellent participation and collaboration from stakeholders. The stakeholders identified key areas of child labour that needed to be addressed immediately and proposed a National Action Plan to eliminate child labour. The Committee requests the Government to provide information on any progress made with regard to the adoption of the proposed National Action Plan to eliminate child labour as well as on its implementation.

Article 2(1). Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, Solomon Islands specified a minimum age of 14 years for admission to employment or work within its territory. It notes that according to section 47 of the Labour Act (Cap 73, 1996 edition (Labour Act)), a person under the age of 15 years shall not be employed or work in any industrial undertaking or in any branch thereof, except in employment approved by the Minister; or on any ship. The Committee requests the Government to indicate whether the Minister had made any approval for employment or work by persons under the age of 14 years pursuant to section 47 of the Labour Act.

Article 2(3). Age of completion of compulsory education. The Committee notes that there is no compulsory education in Solomon Islands. It also notes that according to section 17 of the Education Act, the minimum age for entry into primary school shall be 6 and the maximum age shall be 9. However, the law does not specify the age at which children are permitted to leave school. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee urges the Government to take the necessary measures to ensure compulsory education up to the minimum age for employment (14 years for Solomon Islands), as provided for under Paragraph 4 of Recommendation No. 146.

Article 3(1) and (2). Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee notes that, pursuant to section 49 of the Labour Act, children between the ages of 16 and 18 are permitted to work in mines or on ships on producing a medical certificate approved by the Health Officer or to work during the night with the specific written permission from the Commissioner of Labour. The Committee recalls that pursuant to Article 3(3) of the Convention, receiving adequate specific instruction or training in the relevant branch of activity is one of the conditions required to authorize the employment or work as from the age of 16 years in hazardous types of work. The Committee, therefore requests the Government to take the necessary measures to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized on condition that the young persons have received adequate specific instruction or training in the relevant branch of activity in conformity with the provisions of Article 3(3) of the Convention.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee notes that section 46 of the Labour Act permits children under the age of 12 years to be employed by and in company with their parents or guardian on light work of an agricultural, domestic or other character which has been approved by the Commissioner of Labour. The Committee reminds the Government that under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age (or 12 years where the minimum age of admission to employment or work is 14 years) on light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminds the Government that according to Article 7(3), of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to bring the national legislation into line with the Convention by permitting employment in light work only by young persons who have reached the age of 12 years. It also requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 12 years and above.

Article 8. Artistic performances. The Committee notes that the national legislation does not contain provisions regulating artistic performances. It therefore reminds the Government that Article 8 of the Convention provides for the possibility, by way of an exception to the minimum age for admission to employment or work and after consultation with the employers’ and workers’ organizations concerned, of granting individual work permits for such purposes as participation in artistic performances. Permits thus granted must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to establish a system of providing individual permits for participation of children in artistic performances as well as to regulate such performances, pursuant to Article 8 of the Convention.

Article 9(1). Penalties. The Committee notes that according to section 52 of the Labour Act, any person who contravenes or fails to comply with any of the provisions related to the employment of children and young persons shall be guilty of an offence and be liable to a fine of 500 Solomon Islands dollars (SBD). It also notes that further to the amendments made by the Penalties Miscellaneous Amendments Act of 2009, the penalties prescribed under section 52 of the Labour Act shall be SBD5,000 (approximately US$636). The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions regarding the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that section 50 of the Labour Act requires every employer in an industrial undertaking and every master of a ship to keep a register of all persons under the age of 18 years employed in such undertaking or on such ship, containing the particulars relating to the employment of such persons, including their name and age. Such register shall at all reasonable times be open to inspection by the Labour Commissioner or other officer authorized by him.

Labour inspectorate. The Committee notes the Government’s indication that there exists a labour inspection system to identify issues pertaining to this Convention. Section 6 of the Labour Act provides for the appointment of a Commissioner of Labour and other officers for the purposes of the administration of this Act. The Committee notes that the Commissioner or a Health Officer may enter at all times upon any place which he has reasonable cause to believe is a place of employment and into any house accommodation provided by an employer for workers, and put any questions concerning the workers and their employment (section 7); call for any information and examine all contracts, registers, books and other documents concerning any workers and their employment (section 8); and institute criminal or civil proceedings in respect of any complaints received or for any offences committed under this Act (section 9). The Committee requests the Government to provide information on the functioning of the labour inspectorate, including number of inspections carried out by the Commissioner of Labour or Health Officer as well as on the number of violations detected with regard to the employment of children and young persons and penalties imposed.

Application of the Convention in practice. The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Department of Labour is currently moving towards establishing a Labour Advisory Board with the objective to prioritize revising existing labour laws of Solomon Islands. It also notes from the ILO project documentation report of April 2015 (ILO report) that although efforts have been made to implement the necessary changes to legislation and policies, stakeholders currently lack the capacity to implement the Convention. This report also indicates that the ILO Office for Pacific Island Countries is currently providing technical assistance in this regard. Moreover, according to the ILO report a rapid assessment research was undertaken by the ILO in September 2014. This research has found that child labour exists in Solomon Islands. The Committee requests the Government to provide information from the 2014 rapid assessment, on the employment of children and young persons, particularly the number of children under the minimum age of 14 who are engaged in child labour. It also requests the Government to provide information on the progress made in establishing the Labour Advisory Board and the measures taken thereafter to revise the labour laws.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information with regard to any policies implemented or envisaged to address child labour in the country. According to the information available from the ILO Country Office for Pacific Island Countries, the ILO’s Pacific Sub-regional Child Labour and Trafficking programme conducted the first National Child Labour Forum in the Solomon Islands in August 2014 (Forum 2014) with excellent participation and collaboration from stakeholders. The stakeholders identified key areas of child labour that needed to be addressed immediately and proposed a National Action Plan to eliminate child labour. The Committee requests the Government to provide information on any progress made with regard to the adoption of the proposed National Action Plan to eliminate child labour as well as on its implementation.

Article 2(1). Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, Solomon Islands specified a minimum age of 14 years for admission to employment or work within its territory. It notes that according to section 47 of the Labour Act (Cap 73, 1996 edition (Labour Act)), a person under the age of 15 years shall not be employed or work in any industrial undertaking or in any branch thereof, except in employment approved by the Minister; or on any ship. The Committee requests the Government to indicate whether the Minister had made any approval for employment or work by persons under the age of 14 years pursuant to section 47 of the Labour Act.

Article 2(3). Age of completion of compulsory education. The Committee notes that there is no compulsory education in Solomon Islands. It also notes that according to section 17 of the Education Act, the minimum age for entry into primary school shall be 6 and the maximum age shall be 9. However, the law does not specify the age at which children are permitted to leave school. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee urges the Government to take the necessary measures to ensure compulsory education up to the minimum age for employment (14 years for Solomon Islands), as provided for under Paragraph 4 of Recommendation No. 146.

Article 3(1) and (2). Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee notes that, pursuant to section 49 of the Labour Act, children between the ages of 16 and 18 are permitted to work in mines or on ships on producing a medical certificate approved by the Health Officer or to work during the night with the specific written permission from the Commissioner of Labour. The Committee recalls that pursuant to Article 3(3) of the Convention, receiving adequate specific instruction or training in the relevant branch of activity is one of the conditions required to authorize the employment or work as from the age of 16 years in hazardous types of work. The Committee, therefore requests the Government to take the necessary measures to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized on condition that the young persons have received adequate specific instruction or training in the relevant branch of activity in conformity with the provisions of Article 3(3) of the Convention.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee notes that section 46 of the Labour Act permits children under the age of 12 years to be employed by and in company with their parents or guardian on light work of an agricultural, domestic or other character which has been approved by the Commissioner of Labour. The Committee reminds the Government that under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age (or 12 years where the minimum age of admission to employment or work is 14 years) on light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminds the Government that according to Article 7(3), of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to bring the national legislation into line with the Convention by permitting employment in light work only by young persons who have reached the age of 12 years. It also requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 12 years and above.

Article 8. Artistic performances. The Committee notes that the national legislation does not contain provisions regulating artistic performances. It therefore reminds the Government that Article 8 of the Convention provides for the possibility, by way of an exception to the minimum age for admission to employment or work and after consultation with the employers’ and workers’ organizations concerned, of granting individual work permits for such purposes as participation in artistic performances. Permits thus granted must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to establish a system of providing individual permits for participation of children in artistic performances as well as to regulate such performances, pursuant to Article 8 of the Convention.

Article 9(1). Penalties. The Committee notes that according to section 52 of the Labour Act, any person who contravenes or fails to comply with any of the provisions related to the employment of children and young persons shall be guilty of an offence and be liable to a fine of 500 Solomon Islands dollars (SBD). It also notes that further to the amendments made by the Penalties Miscellaneous Amendments Act of 2009, the penalties prescribed under section 52 of the Labour Act shall be SBD5,000 (approximately US$636). The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions regarding the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that section 50 of the Labour Act requires every employer in an industrial undertaking and every master of a ship to keep a register of all persons under the age of 18 years employed in such undertaking or on such ship, containing the particulars relating to the employment of such persons, including their name and age. Such register shall at all reasonable times be open to inspection by the Labour Commissioner or other officer authorized by him.

Labour inspectorate. The Committee notes the Government’s indication that there exists a labour inspection system to identify issues pertaining to this Convention. Section 6 of the Labour Act provides for the appointment of a Commissioner of Labour and other officers for the purposes of the administration of this Act. The Committee notes that the Commissioner or a Health Officer may enter at all times upon any place which he has reasonable cause to believe is a place of employment and into any house accommodation provided by an employer for workers, and put any questions concerning the workers and their employment (section 7); call for any information and examine all contracts, registers, books and other documents concerning any workers and their employment (section 8); and institute criminal or civil proceedings in respect of any complaints received or for any offences committed under this Act (section 9). The Committee requests the Government to provide information on the functioning of the labour inspectorate, including number of inspections carried out by the Commissioner of Labour or Health Officer as well as on the number of violations detected with regard to the employment of children and young persons and penalties imposed.

Application of the Convention in practice. The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Department of Labour is currently moving towards establishing a Labour Advisory Board with the objective to prioritize revising existing labour laws of Solomon Islands. It also notes from the ILO project documentation report of April 2015 (ILO report) that although efforts have been made to implement the necessary changes to legislation and policies, stakeholders currently lack the capacity to implement the Convention. This report also indicates that the ILO Office for Pacific Island Countries is currently providing technical assistance in this regard. Moreover, according to the ILO report a rapid assessment research was undertaken by the ILO in September 2014. This research has found that child labour exists in Solomon Islands. The Committee requests the Government to provide information from the 2014 rapid assessment, on the employment of children and young persons, particularly the number of children under the minimum age of 14 who are engaged in child labour. It also requests the Government to provide information on the progress made in establishing the Labour Advisory Board and the measures taken thereafter to revise the labour laws.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information with regard to any policies implemented or envisaged to address child labour in the country. According to the information available from the ILO Country Office for Pacific Island Countries, the ILO’s Pacific Sub-regional Child Labour and Trafficking programme conducted the first National Child Labour Forum in the Solomon Islands in August 2014 (Forum 2014) with excellent participation and collaboration from stakeholders. The stakeholders identified key areas of child labour that needed to be addressed immediately and proposed a National Action Plan to eliminate child labour. The Committee requests the Government to provide information on any progress made with regard to the adoption of the proposed National Action Plan to eliminate child labour as well as on its implementation.

Article 2(1). Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, Solomon Islands specified a minimum age of 14 years for admission to employment or work within its territory. It notes that according to section 47 of the Labour Act (Cap 73, 1996 edition (Labour Act)), a person under the age of 15 years shall not be employed or work in any industrial undertaking or in any branch thereof, except in employment approved by the Minister; or on any ship. The Committee requests the Government to indicate whether the Minister had made any approval for employment or work by persons under the age of 14 years pursuant to section 47 of the Labour Act.

Article 2(3). Age of completion of compulsory education. The Committee notes that there is no compulsory education in Solomon Islands. It also notes that according to section 17 of the Education Act, the minimum age for entry into primary school shall be 6 and the maximum age shall be 9. However, the law does not specify the age at which children are permitted to leave school. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee urges the Government to take the necessary measures to ensure compulsory education up to the minimum age for employment (14 years for Solomon Islands), as provided for under Paragraph 4 of Recommendation No. 146.

Article 3(1) and (2). Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee notes that, pursuant to section 49 of the Labour Act, children between the ages of 16 and 18 are permitted to work in mines or on ships on producing a medical certificate approved by the Health Officer or to work during the night with the specific written permission from the Commissioner of Labour. The Committee recalls that pursuant to Article 3(3) of the Convention, receiving adequate specific instruction or training in the relevant branch of activity is one of the conditions required to authorize the employment or work as from the age of 16 years in hazardous types of work. The Committee, therefore requests the Government to take the necessary measures to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized on condition that the young persons have received adequate specific instruction or training in the relevant branch of activity in conformity with the provisions of Article 3(3) of the Convention.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee notes that section 46 of the Labour Act permits children under the age of 12 years to be employed by and in company with their parents or guardian on light work of an agricultural, domestic or other character which has been approved by the Commissioner of Labour. The Committee reminds the Government that under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age (or 12 years where the minimum age of admission to employment or work is 14 years) on light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminds the Government that according to Article 7(3), of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to bring the national legislation into line with the Convention by permitting employment in light work only by young persons who have reached the age of 12 years. It also requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 12 years and above.

Article 8. Artistic performances. The Committee notes that the national legislation does not contain provisions regulating artistic performances. It therefore reminds the Government that Article 8 of the Convention provides for the possibility, by way of an exception to the minimum age for admission to employment or work and after consultation with the employers’ and workers’ organizations concerned, of granting individual work permits for such purposes as participation in artistic performances. Permits thus granted must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to establish a system of providing individual permits for participation of children in artistic performances as well as to regulate such performances, pursuant to Article 8 of the Convention.

Article 9(1). Penalties. The Committee notes that according to section 52 of the Labour Act, any person who contravenes or fails to comply with any of the provisions related to the employment of children and young persons shall be guilty of an offence and be liable to a fine of 500 Solomon Islands dollars (SBD). It also notes that further to the amendments made by the Penalties Miscellaneous Amendments Act of 2009, the penalties prescribed under section 52 of the Labour Act shall be SBD5,000 (approximately US$636). The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions regarding the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that section 50 of the Labour Act requires every employer in an industrial undertaking and every master of a ship to keep a register of all persons under the age of 18 years employed in such undertaking or on such ship, containing the particulars relating to the employment of such persons, including their name and age. Such register shall at all reasonable times be open to inspection by the Labour Commissioner or other officer authorized by him.

Labour inspectorate. The Committee notes the Government’s indication that there exists a labour inspection system to identify issues pertaining to this Convention. Section 6 of the Labour Act provides for the appointment of a Commissioner of Labour and other officers for the purposes of the administration of this Act. The Committee notes that the Commissioner or a Health Officer may enter at all times upon any place which he has reasonable cause to believe is a place of employment and into any house accommodation provided by an employer for workers, and put any questions concerning the workers and their employment (section 7); call for any information and examine all contracts, registers, books and other documents concerning any workers and their employment (section 8); and institute criminal or civil proceedings in respect of any complaints received or for any offences committed under this Act (section 9). The Committee requests the Government to provide information on the functioning of the labour inspectorate, including number of inspections carried out by the Commissioner of Labour or Health Officer as well as on the number of violations detected with regard to the employment of children and young persons and penalties imposed.

Application of the Convention in practice. The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Department of Labour is currently moving towards establishing a Labour Advisory Board with the objective to prioritize revising existing labour laws of Solomon Islands. It also notes from the ILO project documentation report of April 2015 (ILO report) that although efforts have been made to implement the necessary changes to legislation and policies, stakeholders currently lack the capacity to implement the Convention. This report also indicates that the ILO Office for Pacific Island Countries is currently providing technical assistance in this regard. Moreover, according to the ILO report a rapid assessment research was undertaken by the ILO in September 2014. This research has found that child labour exists in Solomon Islands. The Committee requests the Government to provide information from the 2014 rapid assessment, on the employment of children and young persons, particularly the number of children under the minimum age of 14 who are engaged in child labour. It also requests the Government to provide information on the progress made in establishing the Labour Advisory Board and the measures taken thereafter to revise the labour laws.