Solicitud directa (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to section 77 of Immigration Act No. 3 of 2012, any person who engages in the trafficking of persons under the age of 18 years commits an offence and shall be liable to a fine not exceeding 90,000 penalty units (approximately US$11,448; one penalty unit is equal to 1 Solomon Island Dollar (SBD) according to section 3(a)(3) of the Penalties Miscellaneous Amendments Act 2009) or to imprisonment for a term not exceeding ten years, or to both. “Trafficking of persons”, as defined under section 70 of the Immigration Act includes, recruiting, transporting, harbouring or receiving another person for the purposes of exploitation and the term “exploitation” includes all forms of sexual exploitation, forced labour or services, and slavery or practices similar to slavery. The Committee requests the Government to provide information on the application of the Immigration Act, in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that, according to section 144 of the Penal Code (Cap. 26) of 1963, as amended up to 1990, any person who procures or attempts to procure any girl or woman under the age of 18 years: to become a prostitute either in the Solomon Islands or elsewhere; to leave the Solomon Islands, with intent that she may become an inmate of or frequent a brothel elsewhere; or to leave her usual place of abode with intent that she may for the purposes of prostitution become an inmate of or frequent a brothel either in the Solomon Islands or elsewhere, shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

Section 149 of the Penal Code further provides that any parent or any other persons having the custody, charge or care of a minor under the age of 15 years who lets for hire or otherwise disposes of such minor with intent that such minor shall at any age be employed or used for the purpose of prostitution or unlawful sexual intercourse shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

The Committee observes that the above provisions do not prohibit the use of a child under 18 years for prostitution, i.e. by a client. Furthermore, it does not provide protection to boys between the ages of 15 and 18 years from commercial sexual exploitation. The Committee reminds the Government that Article 3(b) of the Convention requires member States to ensure that the use, procuring or offering of both boys and girls under 18 years of age for prostitution is strictly prohibited. The Committee, therefore, requests the Government to take the necessary measures to ensure that the use, procuring or offering of both boys and girls under the age of 18 for the purpose of prostitution is prohibited.

2. Pornography. The Committee notes that section 173 of the Penal Code criminalizes the offences related to the production of obscene paintings, photographs and cinematograph films for the purpose of distribution or public exhibition as well as any indecent show or performances tending to corrupt morals. However, there does not appear to be a provision specifically prohibiting the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances, as required by Article 3(b) of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances is specifically prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Dangerous Drugs Act (Cap. 98) of 1941 as amended up to 1978 prohibits: (i) the import, export, cultivation of raw opium, Indian hemp and coca leaf (sections 4 to 7); (ii) the import, export, manufacture, selling or dealing of prepared opium (sections 11 and 12); and (iii) the import and export of other dangerous drugs, such as medicinal opium, morphine, cocaine and other drugs (section 14). However, it does not specifically establish offences related to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that, according to section 49 of the Labour Act, a person under the age of 18 years shall not be employed in work underground in any mine or on any ship as trimmer or stoker or work during the night. The Committee also notes the Government’s information that the Department of Labour, with the assistance through the ILO Pacific Subregional Project, is working to develop a list of types of hazardous work prohibited to children under 18 years of age. The Committee requests the Government to take the necessary measures, without delay, to develop and ensure the adoption of the list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that the Royal Solomon Islands police and the labour inspectors monitor child labour and its worst forms in the country. The Government report also states that the ILO–IPEC Tackling Child Labour through Education Project (TACKLE project) provided a few training activities for labour inspectors and various other stakeholders on issues related to child labour. It further states that a Transnational Crime Unit (TCU) supported by the Australian federal police was established to combat trafficking in persons. The Committee requests the Government to provide information on the activities of the TCU in combating trafficking of children, and to provide information on the number of cases of trafficking of children that have been identified and dealt with by them.

Article 6. Programmes of action. The Committee notes that, according to the information available from the ILO Country Office for Pacific Island Countries, a national action plan to eliminate child labour was proposed by the stakeholders at the National Child Labour Forum conducted by the ILO’s Pacific Sub-regional Child labour and Trafficking Programme in the Solomon Islands in August 2014 (Forum 2014). The Committee encourages the Government to take the necessary measures, without delay, to adopt the national action plan to eliminate child labour, including its worst forms and to provide information on its implementation.

Article 7(1). Penalties. The Committee notes that section 52 of the Labour Act, as amended by the Penalties Miscellaneous Amendments Act of 2009, establishes penalties amounting to SBD5,000 (approximately US$636) to any person who contravenes or fails to comply with any of the provisions related to the employment of children and young persons. 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 as well as the provisions relating to Article 3(a)–(c) of the Convention, including the number and kinds of penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Ministry of Education and Human Resources Development (MEHRD) adopted the Education Strategic Framework 2007–15 with the aim to provide universal access to quality basic education for all children by 2015, and improved access to technical and vocational education and training. In this regard, a National Education Action Plan (NEAP) 2010–12 was implemented following which a NEAP 2013–15, incorporating new approaches for achieving NEAP strategic goals, was adopted by the MEHRD. The Committee further notes that, according to the UNESCO statistics, in 2012 the gross enrolment ratio for primary education was 141 per cent (139.6 per cent female and 142.3 per cent male) while the gross enrolment ratio for secondary education was 48.4 per cent (47 per cent female and 49.8 per cent male). Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen the functioning of the education system, including by taking measures to increase the school enrolment, attendance and completion rates, particularly at the secondary level. It also requests the Government to provide information on the implementation of the NEAP 2013–15 and the results achieved with regard to universal access to free basic education of all children.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee notes from the Government’s report that the findings of a study on human trafficking in the Solomon Islands has alarmed the State. In this regard, the Committee notes that, according to the Human Trafficking in Soloman Islands: Knowledge, Attitudes and Perception Report, July 2014 based on a study conducted by the American Bar Association Rule of Law Initiatives (ABA ROLI Report), the Soloman Islands has diverse patterns of trafficking, such as internal and transnational; organized and small scale; and through sex, marriage and labour. Much of the trafficking appears to occur in and around logging camps and fishing vessels. There are reports that boys and girls are taken out to foreign and local fishing vessels by their parents for commercial sexual exploitation with fishermen in exchange for fish. Throughout 2012 and 2013, the Immigration Division made numerous reports of cases with trafficking indicators. This report also indicates that the prevalence of commercial sexual exploitation, including boys and girls, in the Soloman Islands is high. The Committee requests the Government to take effective and time-bound measures to prevent children under 18 years of age from becoming victims of trafficking and commercial sexual exploitation and to remove them from such activities while ensuring their rehabilitation and social integration.

Application in practice. The Government report indicates that apart from the study on human trafficking, there is no other statistical information available on the worst forms of child labour. According to the ILO project documentation report of 2015, a rapid assessment research conducted by the ILO in 2014 has found that child labour, especially the worst forms exists in the Solomon Islands. The Committee notes the Government’s statement that though it has in place some measures, such as the TCU and the labour inspection system to combat child labour issues, this appears to be insufficient. The Government indicates that while the underlying issue is the lack of knowledge on the issue of the worst forms of child labour, there are practical difficulties relating to human and financial resources to provide training and raise awareness through advocacy programmes and to have follow-up workshops to the Forum 2014. The Government indicates that it has requested technical assistance from the ILO in this regard. The Committee requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the forms of child labour in the country, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the data provided should be disaggregated by sex and age.