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

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE) received on 25 August 2022, as well as those of the International Trade Union Confederation (ITUC) received on 1 September 2022 and requests the Government to reply to them. It also notes the discussion that was held by the Committee on the Application of Standards (the Conference Committee) at the 110th Session of the International Labour Conference (June 2022) regarding the application of the Convention by Solomon Islands in the absence of the Government.

Follow-up to the conclusions of the Committee on the Application of Standards(International Labour Conference, 110th Session, May–June 2022)

Articles 3(a) and (b), 5 and 7(1) of the Convention. Sale and trafficking of children and commercial sexual exploitation, monitoring mechanisms and sanctions. The Committee notes that the Conference Committee took positive note of the steps taken by the Government to bring its national legislation in conformity with the Convention, including with respect to the use, procuring and offering of children for prostitution, but expressed its deep concern about the persistence of the sale and trafficking of children, particularly girls, for sexual exploitation purposes. The Conference Committee urged the Government to ensure that cases concerning the sale and trafficking of children are duly investigated, prosecuted, and sanctioned, and to strengthen the capacities of law enforcement bodies for this purpose.

The Committee notes that the ITUC refers in its observations to the existence of evidence of cases of sale and trafficking of children by their parents to foreign workers for sexual purposes, including in nightclubs, motels, logging camps, and fishing vessels, as well as to the absence of information on measures of prevention, inspection, investigation, and prosecution of this practice.

The Committee also notes that, in its observations, the IOE points out to the need to continue adopting measures, as a matter of priority, to sensitize the community on this matter and to reinforce the capacities of the labour inspectorates, operators of the criminal justice system, social workers, and the private sector to effectively eliminate this worst form of child labour. It also encourages the Government to continue working with the most representative workers’ and employers’ organizations and international development cooperation organizations to prevent the use and procuring of children for prostitution.

The Committee notes that the Government refers in its report to one criminal case concerning child pornography which ended in the conviction of the offender. It further notes, the Government’s indication that the Sexual Assault Unit within the Police Force investigates cases related to child commercial sexual exploitation. However, it notes that the Government does not provide information on cases related to the sale and trafficking of children for sexual exploitation or the use, procuring or offering of children for prostitution that have been investigated, prosecuted, and punished. Therefore, the Committee urges the Government to take all the necessary measures to reinforce the capacities of the law enforcement bodies (including the police force, prosecutors, and judges) to ensure that: (i) thorough investigations and prosecutions are carried out against persons who engage in the sale or trafficking of children and/or the use, procuring and offering of a child for prostitution; and (ii) sufficiently dissuasive penalties are imposed on the offenders. In this regard, the Committee requests the Government to provide information on the number of prosecutions, legal proceedings, convictions, and penalties imposed for trafficking of children for sexual exploitation (section 145 of the Penal Code (Amendment) (Sexual Offences) Act 2016 and section 77 of the Immigration Act 2012), and for using, procuring or offering a child for prostitution (sections 141(2) and 143 of the Penal Code (Amendment) (Sexual Offences) Act 2016).

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Conference Committee urged the Government to adopt, without delay, legislation prohibiting the use, procuring, or offering of a child under the age of 18 years for the production and/or trafficking of drugs. The Committee notes that the Government indicates that it will consider this matter to be included in the national penal legislation. The Committee requests the Government to take all the necessary measures to ensure that the national legislation prohibits 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 types of hazardous work. The Committee previously noted that the Government was 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 notes that the Conference Committee urged the Government to adopt without delay, in consultation with the social partners, a list of types of hazardous work prohibited for children under the age of 18 years.

The Committee notes that the ITUC calls on the Government to finalize, in consultation with the social partners, the list of types of hazardous work prohibited for children under 18 years of age.

The Committee notes the Government’s indication that section 49 of the Labour Act (which prohibits the work of persons under the age of 18 years in underground mines, on ships, as a trimmer or stroker, or during the night in any industry) is still applied pending the adoption of a list of types of hazardous work. The Government indicates that a copy of the list will be sent once it has been tabulated and adopted, in collaboration with the social partners. The Committee urges the Government to take all the necessary measures 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. The Committee requests the Government to provide a copy of the list once adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the adoption of 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. The Committee notes that, in its observations, the ITUC refers to the disparities in access to and the quality of education between urban and remote areas. It also notes that the Conference Committee urged the Government to ensure access to free basic education to all children, particularly children from poor and disadvantaged families as well as children living in remote areas.

The Committee notes the Government’s indication that the Gross Enrolment Ratio for primary and junior secondary education remains stable and in line with the population growth. At primary level, the Gross Enrolment Ratio increased from 136 to 142 per cent over 2016–20, signalling that over-age students were enrolled in schools. However, there was a five per cent increase in out-of-school children between 2018 to 2019 (from 8 to 13 per cent). The Government adds that one of the measures taken by the Ministry of Education to keep children in school was to abolish the sixth year exam in 2019 to allow students to advance into the seventh year of education (junior secondary education). The Committee requests the Government to continue taking effective and time-bound measures to facilitate access to free basic education (both primary and lower secondary education) by all children, particularly children from poor and disadvantaged families and those living in remote areas. It also requests the Government to continue providing updated statistical information on school enrolment, completion and drop-out rates for primary and lower secondary education.

Application of the Convention in practice. With regard to the Conference Committee’s and the Committee’s request for updated statistical data on situations of worst forms of child labour, the Committee notes the Government’s indication that it will 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 measures giving effect to the Convention; as well as the number and nature of offences reported, investigations, prosecutions, convictions, and penalties imposed. The Committee hopes that the Government will be able to provide this information in its next report.

The Committee encourages the Government to avail itself of ILO technical assistance in relation to the issues raised in this observation.