Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Guernsey

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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 into account the provisions of Convention No. 182.

The Committee notes the document submitted with the Government’s report containing a draft Proposed Framework setting out broad measures related to child labour and the employment of children and young persons. The Committee notes that the draft Proposed Framework calls for, in Part I, the protection of young persons (defined as a person under 18 years of age) from the worst forms of child labour. The Committee notes the Government’s statement that the draft Proposed Framework is intended to outline the range of provisions that should be considered in relation to existing insular legislation. The Government emphasizes that the Proposed Framework is a staff working document which has not progressed to the stage of political approval, and that proposals for legislative changes would require further consideration. The Committee requests the Government to take the necessary measures to ensure the elaboration and development of the Proposed Framework and to pursue efforts to translate these proposals into legislative measures, in order to secure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 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. In this regard, the Committee notes that section 3 of Part I of the draft Proposed Framework includes reference to protecting persons under the age of 18 from child trafficking. Part I of the draft Proposed Framework also includes protection from slavery, debt bondage and forced or compulsory labour. Noting that the draft Proposed Framework remains a staff working document, the Committee requests the Government to take the necessary measures to ensure the development and adoption of legislation based on the Proposed Framework, prohibiting and penalizing the sale and trafficking of all children under 18 years.

Clause (b). Use, procuring or offering of a child for prostitution and the production of pornography or for pornographic performances. Following its previous comments, the Committee notes that the draft Proposed Framework submitted with the Government’s report calls for the protection of children and young persons from involvement in prostitution, pornography or any other aspect of the sex trade. The Committee accordingly requests the Government to take the necessary measures to ensure the elaboration and adoption of legislation, based on the draft Proposed Framework, to prohibit the use, procuring or offering of children under the age of 18 for prostitution or for the production of pornography or for pornographic performances.

Clause (d) and Article 4. Hazardous work. Following its previous comments, the Committee notes that Part I of the draft Proposed Framework includes the protection of children and young persons from recruitment in any work that: is cruel, inhuman, degrading or demeaning; is hazardous or dangerous; which represents a significant threat to health and safety; which involves exposure to environmental conditions that are a significant threat to health; which involves exposure to a dangerous substance, chemical, organism, agent or levels of radiation that are significant threats to health; which represents a risk to the physical, mental, spiritual, social or moral development; which interferes with education; which is not physically or psychologically appropriate for a child or young person to carry out. The Committee requests the Government to take the necessary measures to ensure the adoption, in the near future, of this list of hazardous types of work prohibited for children under the age of 18 years, pursuant to Articles 3(d) and 4 of the Convention.

Article 5. Monitoring mechanisms. The Committee previously noted that section 30 the Children’s Law (Guernsey and Alderney), 2008 establishes the Office of the Children’s Convenor. The Committee requested information on the activities of the Office of the Children’s Convenor.

The Committee notes the information in the Government’s report that referrals can be made to the Children’s Convenor when it is thought that that child may be in need of compulsory intervention. The Government indicates that the Children’s Convenor will investigate any such case and refer it to the Child Youth Community Tribunal when compulsory intervention is necessary to ensure that the child receives sufficient care and protection. The Committee also notes the Government’s indication that, within the Health and Social Services Department, referrals to the Children’s Convenor are made through the Service Manager responsible for the Assessment and Intervention Team.

Article 7(1). Penalties. The Committee noted the Government’s indication that new legislation on the employment of children and young persons would allow for penalties that included a fine, imprisonment, or both.

The Committee notes the Government’s statement that penalties have not yet been determined at this stage. In this regard, the Committee notes that the draft Proposed Framework does not include specific penalties for the worst forms of child labour, but does indicate that supplementary provisions shall include measures related to the power to bring prosecutions for breaches of law as well as penalties. In this regard, the Committee draws the Government’s attention to Paragraph 12 of Recommendation No. 190, which states that Members should provide that the worst forms of child labour specified in Article 3(a)–(c) are criminal offences. Paragraph 13 of Recommendation No. 190 further provides that Members should ensure that penalties including, where appropriate, criminal penalties, are applied for violations of the national provisions for the prohibition and elimination of hazardous work. The Committee requests the Government to ensure that any legislation adopted pursuant to the draft Proposed Framework contains sufficiently effective and dissuasive penalties for persons who engage children in the worst forms of child labour. In this regard, the Committee encourages the Government to take Recommendation No. 190 into account when further elaborating the draft Proposed Framework and any subsequent legislation.

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. It requested the Government to provide a copy of the Overseas Aid Commission report.

In this regard, the Committee notes the information in the Overseas Aid Commission Annual Report of 2010 that this Commission invested approximately £255,000 into nine educational projects in 2010, supporting more than 26 schools, directly benefitting over 45,000 pupils. The projects included classroom rehabilitation, the provision of educational materials and books, and the construction of schools’ water points. The Committee also notes the information in this Report that £782,000 was invested in 26 projects related to integrated development including eight for such projects for the protection and support of children.