Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Iles Falkland (Malvinas)

Autre commentaire sur C182

Demande directe

2019
2016
2013
2011

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Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee previously noted the Government’s indication that the Drug Trafficking Ordinance makes the production and trafficking of drugs illegal. The Committee once again requests the Government to provide a copy of the provisions under the Drug Trafficking Ordinance which prohibits the production and trafficking of illegal drugs.

Clause (d). Hazardous work. The Committee previously noted that, according to section 3(c) and (d) of the Employment of Children Ordinance of 1966, as amended by the Employment of Children (Amendment) Ordinance 1968 and 2006 , children under the age of 15 years shall not be employed in any work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, or to lift, carry or move anything which is likely to cause injury to the child, as well as in night work. It also noted that, according to section 4A of the Employment of Women, Young Persons and Children Act of 1967, as amended by the Employment of Women, Young Persons and Children (Amendment) Ordinance of 1968 and 2006 (EWYPC Ordinance, as amended): no child under the age of 15 years shall be employed in any work which exposes the child to physical, psychological or sexual abuse; underground, underwater, at dangerous heights or in confined spaces; with dangerous machinery, equipment or tools, without adequate training and, where necessary, adequate supervision. The Committee further noted that section 3(2) of the EWYPC Ordinance, as amended, prohibits night work by young persons under 18 years of age, and section 3(4) prohibits the employment of women and female young persons from working underground in any mine, or quarry. Observing that children between 15 and 18 years of age are not protected from hazardous work under the scope of section 3 of the Employment of Children Ordinance and section 4A of the EWYPC Ordinance as amended and that boys under the age of 18 years are not covered by section 3(4) of the EWYPC Ordinance, the Committee urged the Government to take the necessary measures to bring the legislation into conformity with the Convention. Lastly, the Committee noted the Government’s statement that the need for legislative review to ensure compliance with the Convention has been identified and that the necessary measures will be taken in this regard at the earliest.

The Committee notes the Government’s indication in its report that there has been no change since its previous report.

The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the legislative review will be undertaken in the near future and that the amendments will prohibit hazardous work for children under 18 years of age, so as to be in line with Article 3(d) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Article 7(1). Penalties. The Committee previously observed that the penalties mentioned in the Employment of Children Ordinance, 1966, and the EWYPC Ordinance, as amended, for the violation of the provisions related to the prohibition on hazardous work, are very minimal. The Committee noted the Government’s information that no prosecutions had been brought under either Ordinance and hence there was no evidence of breach of the relevant provisions of the Ordinance which might otherwise be curtailed by the introduction of more dissuasive penalties. However, the Committee noted the Government’s indication that the legislative review would incorporate the introduction of effective penalties for the violation of the provisions related to hazardous work. The Committee, therefore, once again expresses the firm hope that the Government will take the necessary measures to ensure that the legislative review will incorporate provisions establishing sufficiently effective and dissuasive penalties for the violation of the prohibition on hazardous work by children under 18 years of age. It requests the Government to provide information on any progress made in this regard.