Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Kiribati (Ratification: 2009)

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Observation

2023
2021
2020

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee takes note of the Government’s information, in its report, communicated in response to its previous comments regarding the practice of child prostitution and sexual exploitation, in particular on foreign fishing vessels and among vulnerable populations. It notes the Government’s indication that, to prevent the exploitation of children in prostitution and to help the Government address this issue, the relevant authorities have initiated certain activities. For example, the Ministry of Fisheries and Marine Resources Development (MFMRD) has recently amended its Fisheries Act to restrict unauthorized personnel from boarding local and foreign fishing vessels licensed in Kiribati, including for prostitution. Moreover, the Ministry of Justice (MOJ) has established the Kiribati National Human Rights Taskforce to monitor the implementation of the Penal Code and other laws against those who facilitate and benefit from the exploitation of girls and young women in prostitution and to ensure that law enforcement officers are in full compliance with the principles and provisions of the law against exploitation of prostitution.

However, the Committee notes with regret the Government’s indication that there are still no official records of children in prostitution, which the Government acknowledges and points to the need to strengthen and implement its laws and regulations. The Government indicates that recent consultations with relevant authorities such as the Ministry of Women, Youth, Sports and Social Affairs (MWYSSA) and the Kiribati Police Service (KPS) have revealed that one reason for lack of enforcement is due to lack of awareness of the Employment and Industrial Relations Code, 2015 (EIRC), more specifically on its provisions that are in line with this Convention. Moreover, the Committee observes that the UN Committee on the Rights of the Child, in its concluding observations of 12 September 2022, expressed concerned that the commercial sexual exploitation of children, in particular girls, is increasing and that there are no formal procedures to identify children who are victims of trafficking and no information on cases against traffickers (CRC/C/KIR/CO/2-4, para. 55). The Committee requests the Government to redouble its efforts to strengthen the capacities of the law enforcement bodies in order to ensure the identification, investigation and prosecution of perpetrators of the offences related to the use, procuring or offering of children under 18 years for prostitution. It requests the Government to provide information on the progress made and results achieved in this regard, including the number of investigations, prosecutions and penalties applied.

Clause (d) and Article 4. Hazardous work and determination of types of hazardous work. Regarding the determination of hazardous types of work, the Committee refers to its detailed comments on the application of the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Regarding the Committee’s previous request that the Government provide information on the establishment of the Child Labour Taskforce, the Committee notes that the Taskforce was established under the authority of the Ministry of Employment and Human Resources (MEHR). A meeting was held in April 2023 gathering the relevant stakeholders, namely the MWYSSA, the KPS, the Ministry of Education and the Office of the Attorney General, during which the adoption of the terms of reference of the Taskforce was identified as a priority.

Regarding the Committee’s previous comments on the pilot inspection project throughout South Tarawa with a focus on places of high risk of child labour, the Committee notes that the MEHR stated, during the April 2023 meeting of the Child Labour Taskforce, that the outcome of this project was the confirmation of the prevalence of children working in the worst forms of child labour, including in hazardous work, and the need for increased capacity and awareness for MEHR, the KPS and MWYSSA. In addition, the MEHR stated they require further resources to commit to inspections, to cover allowances (particularly for night-time inspections) and transport. Moreover, while the Government indicates that consultations and awareness-raising on labour laws for concerned law enforcement bodies are anticipated, especially the KPS, the Committee notes that there have not been any specialized trainings for the labour inspectorate to identify the worst forms of child labour. The Committee once again strongly encourages the Government to take the necessary measures to ensure that the labour inspectors, the KPS and other relevant law enforcement bodies are provided with the appropriate training, sufficient resources and capacities to effectively monitor the worst forms of child labour, including in the informal economy and in areas where there is a high risk of the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms and ensuring their rehabilitation and social integration. Commercial sexual exploitation. Following its previous comments, the Committee notes the Government’s indication that, while the MWYSSA and other relevant ministries provide support to children who are sexually exploited for commercial purposes and have initiated programmes to prevent this phenomenon, the lack of resources (financial and human) is affecting the motivation of the relevant official personnel from undertaking their role in mitigating the issue of child exploitation and child labour. This is further exacerbated by the lack of data implicating the development of measures and appropriate care and assistance to be provided in this case. The Committee once again requests the Government to strengthen its measures to prevent the engagement of children in commercial sexual exploitation, and to remove them from this worst form of child labour as well as to rehabilitate and socially integrate them. In this regard, it strongly encourages the Government to take measures to strengthen the capacities of the officials in charge of providing support to the child victims of commercial sexual exploitation, through the provision of financial, human or any other necessary resources. It requests the Government to provide information on the progress made in this regard and on the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.