Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Article 1 of the Convention. The Committee had 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 notes the Government’s information that, following changes in the structure of the Government of the island, the Commerce and Employment Department is now the lead authority on the review of legislation on the employment of children and young persons. This review will take account of existing insular legislation, the provisions of Convention No. 182, and the Convention on the Rights of the Child. The Committee also notes the Government’s information that the Department plans to submit a report on this matter to the Government in 2006. The Committee requests the Government to keep it informed of any progress in reviewing legislation on the employment of children and young persons.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had 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 and to supply the text of any relevant legislation. The Committee notes the Government’s reference to a draft framework of proposed new legislation on the employment of children and young persons that is intended to address this issue. The Committee asks the Government to supply a copy of this text with its next report.

2. Forced or compulsory labour. In its previous comments, the Committee had noted that the Human Rights (Bailiwick of Guernsey) Law, 2000, regulates slavery and forced labour. It had requested the Government to provide a copy of the relevant provisions of this legislation. The Committee notes that no copy of this legislation was sent to the Office and once again requests the Government to provide a copy of the relevant provisions of the Human Rights (Bailiwick of Guernsey) Law, 2000, with its next report.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s information that there are no armed forces in Guernsey and there is no compulsory military service. It also notes that, according to the Government, any islander who wishes to pursue any form of military service does so in the British service, either as a reservist, a member of the Territorial Army, or by enlisting. In each case, military service is governed by the regulations in force in the United Kingdom. It also notes the Government’s information that the “draft framework” for insular legislation on the employment of children and young persons includes provisions prohibiting the compulsory recruitment of such persons for armed conflict either on or off the island.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously requested the Government to inform it of the measures taken or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution. It notes the Government’s information that the “draft framework” for insular legislation on the employment of children and young persons includes provisions relating to prostitution. The Committee requests the Government to supply a copy of this text with its next report.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Protection of Children (Bailiwick of Guernsey) Law of 1985 protects children from acts of gross indecency and from pornography and involvement in pornography. It notes the Government’s information that the draft framework for insular legislation on the employment of children and young persons is intended to provide more comprehensive protection. The Committee notes that no copy of the Protection of Children (Bailiwick of Guernsey) Law of 1985 was sent to the Office and once again requests the Government to provide a copy of this text.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously requested 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. The Committee notes the Government’s information that the draft framework for insular legislation on the employment of children and young persons includes provisions on this issue.

Clause (d) and Article 4. Hazardous work. The Committee notes the Government’s information that the draft framework for insular legislation on the employment of children and young persons provides for the list of prohibited employment to be varied by Statutory Instrument. As the framework is developed, the provisions of Paragraph 3 of Recommendation No. 190 will be taken into consideration. The Committee requests the Government to keep it informed with regard to the adoption of the list of types of hazardous work to be prohibited for children under 18 years of age.

Article 5. Monitoring mechanisms. The Committee had previously noted 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. It had requested the Government to provide a copy of the Children and Young Person (Guernsey) Law of 1967. It notes the Government’s information that this legislation is proposed to be replaced and that appropriate recommendations are due to be presented to the Government. Noting that no copy of the Children and Young Person (Guernsey) Law of 1967 was sent to the Office, the Committee once again requests the Government to supply a copy of this Law with its next report. The Committee also requests the Government to keep it informed of any amendments to the Law or any legislation that will replace this text.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that the Commerce and Employment Department currently runs workshops for employers’ and workers’ groups that cover all aspects of employment law and that this will be updated to cover the employment of children. The Department also visits schools to advise school children of their rights in respect of employment. It further notes the Government’s information that the school curriculum also includes an element dealing with development, health risks and moral issues.

Article 7, paragraph 1. Penalties. The Committee had previously requested 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. The Committee notes the Government’s information that it is proposed that any new legislation on the employment of children and young persons will allow for penalties that include a fine, imprisonment, or both.

Article 8. International cooperation. The Committee had previously noted that Guernsey provides assistance with a number of projects to a variety of countries through the work of the Overseas Aid Committee. The Committee asks the Government to provide a copy of the 2003 annual report of the Overseas Aid Committee with its next report. It also requests the Government to continue providing information on the assistance provided to other member States.