Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s information that the worst forms of child labour, as defined in the Convention, do not occur in Guernsey. It also notes the Government’s acceptance that the legislation protecting children engaged in employment is inadequate and that proposals to replace the legislation are due to be submitted to the Government for approval. The Committee requests the Government to inform the Committee on the proposed legislative reform and other measures to ensure that the worst forms of child labour do not arise.

Article 3. Worst forms of child labour. Clause (a). 1. Slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s statement that the Human Rights (Bailiwick of Guernsey) Law, 2000, regulates slavery and forced labour. It requests the Government to supply the text of the relevant provisions in this legislation.

2. Sale and trafficking of children. The Committee notes the absence of information on this issue in the Government’s report. It reminds the Government that, by virtue of Article 3(a), the sale and trafficking of children constitute one of the worst forms of child labour and must therefore be prohibited for children under 18  years of age. The Committee asks the Government to inform the Committee on the measures taken or envisaged to prohibit the sale and trafficking of children in conformity with Article 3(a) of the Convention and to supply the text of any relevant legislation.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that the Government’s report does not contain any information on this issue. Recalling that, by virtue of Article 3(a), the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee asks the Government to indicate the minimum age at which persons may be called up for compulsory military service and to provide a copy of the texts regulating the enlistment and recruitment of members of the armed forces.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Government has not provided information on this subject. It reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution constitutes one of the worst forms of child labour and, as such, must be prohibited for any person under 18 years of age. Therefore, the Committee requests the Government to inform it on the measures taken or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s statement that the Protection of Children (Bailiwick of Guernsey) Law, 1985, protects children from acts of gross indecency and from pornography or involvement in pornography. It requests the Government to supply the text of the relevant legal provisions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Government’s report has not provided any information on this point. The Committee recalls that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour. Therefore, it requests the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to indicate the applicable legislation and penalties.

Article 3(d) and Article 4. Hazardous work. The Committee notes the Government’s statement that proposed legislation on the employment of children and young persons will provide for a list of occupations in which children cannot be employed, which includes "restrictions relating to exposure to physical, biological and chemical agents and work involving exposure to adult material or situations". The Government adds that when the legislation comes into force, there will be powers to modify the list as circumstances dictate. Finally, the Government indicates that consultations on the proposed legislation have been held with employer and employee groups, childcare agencies and educationalists. The Committee refers the Government to Article 4, paragraph 1, of the Convention which provides that the types of work referred to under Article 3(d) of the Convention must be determined taking into consideration relevant international standards, in particular Paragraph 3, of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee trusts that, in adopting the new legislation, due consideration will be given to Paragraph 3 of Recommendation No. 190. It requests the Government to provide the text of the proposed legislation as soon as it has been adopted.

Article 5. Monitoring mechanisms.  The Committee notes the Government’s report that the States Children Board, the States Education Council and the Board of Industry have various responsibilities for the monitoring of children engaged in employment. According to the Children and Young Person (Guernsey) Law, 1967, the States Children Board is responsible for advising the Government on the welfare and protection of children and young persons and has the power to remove children from emergency situations. The Government reports that these powers can be used if a child is engaged in work that is likely to harm the child’s health, safety or morals. The States Education Council continually monitors children in education and, if appropriate, investigates a child’s employment if the education of that child appears to be suffering. The Board of Industry has responsibilities which include employment and health and safety issues. The Committee notes the Government’s report that a number of government departments have the mandate to, or may be involved in, the monitoring of children and young persons. They maintain contacts with employer and employee groups and childcare agencies. The Committee requests the Government to provide the text of the Children and Young Person (Guernsey) Law, 1967.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s statement that programmes of action to eliminate the worst forms of child labour do not exist, because these forms of labour are not found on the island. The Committee reminds the Government that even if the worst forms of child labour appear not to exist, the Convention requires member States to take measures to prohibit and prevent the emergence of the worst forms of child labour. In this context, the Committee requests the Government to indicate which steps it envisages taking, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not arise. In particular, the Committee asks the Government to provide further information on the measures concerning education and health aimed at ensuring the protection of children from the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s information that a number of government departments have the mandate to, or are operationally involved in, the monitoring of the employment of children and young persons. They maintain contacts with employer and employee groups and childcare agencies. The Government adds that, if appropriate, the relevant department will pursue prosecutions but there are no legislative provisions for custodial sentences and fines. The Committee also notes the Government’s statement that the worst forms of child labour, as defined in the Convention, are socially and politically unacceptable on the island and, if found to exist, they would be subject to legal action. The Committee requests the Government to provide information on the steps taken to ensure that measures are adopted to secure the enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions in accordance with Article 7, paragraph 1, of the Convention.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s information that education is compulsory on the island from the age of 5 to 16 and can continue to the age of 18. Opportunities exist on the island to engage in vocational training and assistance is provided for students seeking further education off the island.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the States Children Board, the States Education Council and the Board of Industry have effective responsibility for the implementation of the Convention.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s information that Guernsey provides assistance with a number of projects in a variety of countries through the work of the Overseas Aid Committee. The Committee asks the Government to provide more specific information on the assistance provided to other member States.

Parts IV and V of the report form. The Committee notes the Government’s statement that the issue of practical difficulties in the application of the Convention do not arise, because no worst form of child labour exists on the island. It also notes the Government’s information that no infringements have been reported. The Committee requests the Government to monitor the situation and supply copies or extracts from official documents including studies and surveys and to provide information on the nature, extent and trends of the worst forms of child labour, should these occur in future, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.