Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Iles Salomon (Ratification: 2012)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for pornography or pornographic performances. The Committee previously noted that the Penal Code did not contain a provision specifically prohibiting the use, procuring or offering of children for the production of pornography or pornographic performances, and requested the Government to indicate the measures taken or envisaged to ensure its prohibition. The Committee notes with interest that section 144(5) of the Penal Code (Amendment) (Sexual offences) Act (2016) criminalizes using, offering or procuring a child for the production of child exploitation material, providing for a maximum penalty of 20 years of imprisonment for the offender, if the victim is under 15 years of age; and of 15 years of imprisonment in other cases. The Committee notes that according to section 144(1) of the Amendment Act, child exploitation material includes material that depicts or describes, in a way that a reasonable person would regard as being, in all the circumstances, offensive: (i) a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons); (ii) a child in the presence of another person who is engaged or apparently engaged in a sexual pose or sexual activity; (iii) a child in a sexual context or a context intended to provide sexual or sadistic gratification; and (iv) or the sexual parts of a child. Child exploitation material also includes material that is intended, or apparently intended, to encourage or advocate people to engage in sexual activity with children. The Committee requests the Government to provide information on the application, in practice, of section 144(5) of the Penal Code (Amendment) (Sexual Offences Act) 2016, including the number of investigations, prosecutions, nature of the offences, convictions and sanctions imposed on the offenders.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted the absence of a provision in the national penal legislation prohibiting the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee notes that the Government’s report does not provide any information in this regard. The Committee once again requests the Government to provide information on the measures taken or envisaged with a view to prohibiting the use, procuring or offering of a person under 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). List of hazardous work. The Committee previously noted that the Government was in the process of developing a list of types of hazardous work prohibited for children under the age of 18 with the technical support of the ILO. The Committee requested the Government to take the necessary measures, without delay, to develop and ensure the adoption of that list. The Committee notes that section 5(2) of the Child and Family Welfare Act 2016 defines “hazardous or exploitive labour” in relation to a child as including any work that is inappropriate for the child’s age; or is hazardous to the child’s physical or mental health; or impairs the child’s education and moral development. The Committee, however, notes that the Government has not provided any information on progress made in relation to the adoption of the list of types of hazardous work required by Article 4 of the Convention. The Committee once again requests the Government to take the necessary measures, without delay, to finalize a list of types of hazardous work prohibited for persons under 18 years of age, in consultation with the organizations of employers and workers concerned, and to ensure its adoption. The Committee reminds the Government that it may avail itself again of the technical assistance of the Office in this regard. The Committee requests the Government to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. The Committee previously noted that the Royal Solomon Islands Police Force (RSIPF) and the labour inspectors are in charge of monitoring child labour in its worst forms in the country. The Committee also noted that a Transnational Crime Unit (TCU) was established to combat trafficking in persons and requested the Government to provide information on the activities of the TCU in combating child trafficking. The Committee notes, however, that the Government has not provided any information in this respect. The Committee also notes that, according to the website of the RSIPF, a National Central Bureau of INTERPOL was established in Honiara in 2017, which supports the domestic law enforcement agencies in the country, including the police force. The Committee once again requests the Government to provide information on the activities of the police force, the TCU, and other bodies responsible for monitoring crimes related to child trafficking, child commercial sexual exploitation and the use of children in illicit activities, including information on measures adopted to strengthen the capacities of such bodies.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the adoption of the 2007-15 Education Strategic Framework and the National Education Action Plans 2010–12 and 2013–15, and requested the Government to provide information on the results achieved by these measures. The Committee also noted that, according to UNESCO statistics, as of 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). In this regard, the Committee requested the Government to take measures to increase the school enrolment, attendance and completion rates at the secondary level of education. The Committee notes the adoption of the Education Strategic Framework (ESF) 2016–2030, which sets out as a long term objective achieving full completion to quality and relevant primary and junior secondary (age 13 to 15) education for all, in line with the Sustainable Development Goals. The ESF provides for the implementation of effective policies to improve access for priority target groups, including girls, children with special learning needs, those who mainly speak vernacular languages, and those who live in remote or distant geographical areas and from low economic backgrounds. The Committee notes that the ESF also contains an assessment of the implementation of the previous Education Strategy 2007–2015. According to the ESF, during the period of 2007 to 2015, students’ enrolment increased by 24 per cent in primary schools and 70 per cent in junior secondary education, however the issue of students dropping out of primary school remains a problem. The Committee notes that, according to the UNESCO statistics, the gross enrolment ratio in primary education (6 to 11 years of age) has dropped from 113.59 per cent in 2015 to 106.21 per cent in 2018, while there is no information on enrolment rates for secondary education (12 to 18 years of age) after 2012. The Committee also notes that the Committee on the Rights of the Child in its 2018 concluding observations expresses concern at the disparities in the quality and access to education in urban/remote areas (CRC/C/SL/B/CO/2-3, 28 February 2018, paragraph 44). Recalling that access to free basic education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on effective and time-bound measures taken under the Education Strategic Framework (ESF) 2016-2030 with the aim of facilitating access to all children to both primary and lower secondary education, including measures to increase school attendance and reduce drop-out rates, particularly among children from poor and disadvantaged families as well as children living in remote areas. The Committee requests the Government to provide information on the results achieved in this regard.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Commercial sexual exploitation and hazardous work. The Committee notes that section 12 of the Child and Family Welfare Act 2016 provides that the Director of the Government Division responsible for social welfare matters can take any action reasonably necessary for the purpose of protecting and promoting the wellbeing of children in need of care and protection, including children at risk of being involved in commercial sexual exploitation and hazardous labour. The Committee also notes that section 16 of the Act states that the Director must lead and coordinate the development of programmes to promote community discussion and awareness of issues relating to the wellbeing of children as well as to strengthen community mechanisms for the protection of children. The Committee notes that, according to section 2, children who are or have been married are outside the coverage of the Act and that children from the age of 15 can marry pursuant to section 10 of the Islanders Marriage Act. In addition, the Committee notes that the UN Committee on the Rights of the Child in its 2018 concluding observations requested the Government to take the measures necessary to ensure that no child under 18 years of age engages in hazardous labour, including in the agriculture, logging, tourism and fishing industries (CRC/C/SL/B/CO/2-3, 28 February 2018, paragraph 47). The Committee requests the Government to provide information on effective and time-bound measures taken, including within the framework of the Child and Family Welfare Act 2016, to remove children from commercial sexual exploitation and hazardous work and to provide assistance with regard to social rehabilitation and social integration. In addition, the Committee requests the Government to indicate how married children under 18 could also benefit from protective measures against the worst forms of child labour.

Application of the Convention in practice. In its previous comments, the Committee noted the lack of statistical information available on the worst forms of child labour and requested the Government to ensure sufficient data on this subject. The Committee notes that the Government has not provided the statistical information requested but indicates that a database will be established for this purpose. The Committee encourages the Government to intensify its efforts to implement a database containing statistical information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. The Committee therefore hopes that the Government will be in a position to provide this statistical information, as far as possible, disaggregated by gender and age.