Worst Forms of Child Labour Convention, 1999 (No. 182) - Falkland Islands (Malvinas)

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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, 1997 makes the production and trafficking of drugs illegal. It requested the Government to provide a copy of the provisions under the Drug Trafficking Ordinance which prohibits the production and trafficking of illegal drugs.

The Committee notes that the Misuse of Drugs Ordinance, 1987 makes it an offence to import, export, produce, supply, possess or cultivate controlled drugs (sections 3–6). Furthermore, according to section 17 of this Ordinance, it is an offence to attempt to commit or to incite or attempt to incite another to commit such an offence.

Clause (d). Hazardous work. In its previous comments, the Committee observed 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, 1966 as amended and section 4A of the Employment of Women, Young Persons and Children (EWYPC) Ordinance, 1968 as amended. It also observed that boys under the age of 18 years are not covered by section 3(4) of the EWYPC Ordinance which prohibits work underground in any mine or quarry. The Committee noted the Government’s statement as to the need for a legislative review in order to bring the legislation into conformity with the Convention.

The Committee notes that the Government’s report does not contain any information as regards the legislative review to ensure the protection of all children, including boys under the age of 18 years from hazardous work. The Committee notes the Government’s statement that children under 18 years of age have a wide range of protections, including from hazardous work under the provisions of the Crimes Ordinance, 2014 and Children Ordinance, 2014. The Committee, however, notes that the provisions referred to by the Government under the Crimes Act concern cruelty, neglect or maltreatment of persons under 16 years (section 82). The provisions under the Children Ordinance relate to the welfare of children under 18 years who are in need, including their physical, emotional and educational needs. The Committee once again reminds the Government that, by virtue of Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which, by its nature or circumstances in which it is carried out, is likely to harm the health, safety or morals of young persons, shall not be less than 18 years. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to ensure that the provisions under the Employment of Children Ordinance and the EWYPC Ordinance are in conformity with Article 3(1) of the Convention.

Article 7(1). Penalties. The Committee previously observed that the penalties mentioned in the Employment of Children Ordinance and the EWYPC Ordinance 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. Noting that the Government’s report does not provide any information on the legislative review on this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to review its legislation so as to 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.

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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.

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that sections 1–4 of the Child Abduction Act of 1984 make it an offence to take or send a child under the age of 16 years out of the country and sections 57–59 of the Sexual Offences Act of 2003 prohibit internal and external trafficking of persons for sexual exploitation. The Committee observed, however, that the above provisions did not address trafficking for labour exploitation.

The Committee notes the Government’s statement that, to date, child trafficking has not been identified as having occurred either out of or into the Falkland Islands. The Government also states that the immigration controls at ports and airports are rigorous and therefore the risks of trafficking occurring without the knowledge of the authorities are very rare. Moreover, the Children Ordinance empowers the Government to apply to the court to place a child who is suffering or likely to suffer significant harm as a result of child trafficking, in the care of the Crown.

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 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 notes 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 notes 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, under water, at dangerous heights or in confined spaces; with dangerous machinery, equipment or tools, without adequate training and, where necessary, adequate supervision. The Committee further notes 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 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.

The Committee notes 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 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 of children under 18 years, 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 for the violation of the provisions related to the prohibition on hazardous work, are very minimal.

The Committee notes the Government’s information that no prosecutions have been brought under either Ordinance and hence there is currently 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 notes the Government’s indication that the legislative review will incorporate the introduction of effective penalties for the violation of the provisions related to hazardous work. The Committee therefore 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.

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The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes that, according to the initial report relating to the Falkland Islands and submitted by the United Kingdom to the United Nations Committee on the Rights of the Child (CRC/C/41/Add.9 of 29 May 2000, paragraphs 180 and 181) (initial report to the CRC), sections 1–5 of the Child Abduction Act of 1984, and the Sexual Offences Act 1956, as amended (in 2003), of the United Kingdom, shall be applicable to the Falkland Islands by the Crimes Ordinance of 1989. The Committee notes that sections 1–4 of the Child Abduction Act of 1984 make it an offence to take or send a child under the age of 16 years out of the country. It also notes that trafficking, internal as well as external, of persons for sexual exploitation constitutes an offence as per sections 57–59 of the Sexual Offences Act. The Committee observes, however, that the above provisions do not address trafficking for labour exploitation. The Committee requests the Government to indicate the legislation that prohibits the trafficking of children under 18 years for labour exploitation.

Slavery and forced labour. The Committee notes that, according to section 4 of the Constitution Order of 2008, no person shall be held in slavery or servitude and shall be required to perform forced labour.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that the Sexual Offences Act of 2003 makes it an offence to pay for the sexual services of a child under 18 years (section 47); cause or incite a child under 18 years of age into prostitution or involvement in pornography (section 48); control a child in prostitution or a child involved in pornography (section 49); and arrange or facilitate child prostitution or pornography (section 50). It also notes that section 45 of the Sexual Offences Act amended the provisions under the Protection of Children Act 1978 related to taking, showing or possessing indecent photography of children by raising the age of a child from 16 to 18 years. The Committee further notes that, according to Part 6A of the Definitive Guideline issued by the Sentencing Guidelines Council for the implementation of the Sexual Offences Act of 2003 (Sentencing Guideline of the Sexual Offences Act), taking, making, permitting to take, possessing, possessing with intent to distribute or advertise indecent photographs or pseudo-photographs of children under 18 years are punishable.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee notes the Government’s indication that the Drug Trafficking Ordinance makes the production and trafficking of drugs illegal. It also notes the Government’s statement that there are no known cases of children involved in the production and trafficking of drugs and that the immigration controls at ports and airports are rigorous. It further notes that, according to the third and fourth periodic reports to the CRC (CRC/C/GBR/4, paragraph 88), the Royal Falkland Islands Police together with the Customs Department work closely in preventing the import of drugs. The Committee requests the Government to provide a copy of the Drug Trafficking Ordinance along with its next report.

Clause (d). Hazardous work. The Committee notes 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 notes 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, under water, at dangerous heights or in confined spaces; with dangerous machinery, equipment or tools, without adequate training and, where necessary, adequate supervision. The Committee further notes 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.

The Committee observes that children between 15 and 18 years 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. Moreover, boys under the age of 18 years are not covered by section 3(4) of the EWYPC Ordinance. The Committee reminds the Government that, by virtue of Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which, by its nature or circumstances in which it is carried out, is likely to harm the health, safety or morals of young persons, shall not be less than 18 years. The Committee, therefore, urges the Government to take the necessary measures, to bring the legislation into conformity with the Convention. It requests the Government to provide information on any measures taken in this regard.

Article 4(1). Determination of hazardous work. The Committee notes the Government’s information that due to the very small population of the Falkland Islands and as manufacturing enterprises are non-existent in the country, no list of types of hazardous work is currently in place.

Article 5. Monitoring mechanisms. The Committee notes that, according to section 3(7) of the EWYPC Ordinance as amended, section 28(1) and (3) of the UK Children and Young Persons Act 1933, is applicable to the Falkland Islands. According to section 28(1) of the Children and Young Persons Act, if it appears to the justice of the peace that the provisions of this Act are being contravened with respect to any person, the justice shall order an officer of the local authority or a constable to enter any place in connection with the employment of that person and make inquiries with respect to that person. The Committee notes the Government’s information that there are no reports of children being engaged in the worst forms of child labour or removed from the worst forms of child labour.

The Committee also notes that, according to the third and fourth periodic reports to the CRC (CRC/C/GBR/4, paragraphs 1 and 89), a Children and Young People’s Strategy Group (CYPSG) has been formed to champion and advocate for the rights of children as well as to monitor progress and outcomes and report on a regular basis to the Executive Council. It also notes from the above report that a Multi Agency Public Protection Group (MAPPA) has been established to monitor and undertake initial risk assessments of violent and sexual offenders in the community. According to the Government’s response to the list of issues raised in connection with the consideration of the third and fourth periodic reports to the CRC (CRC/C/GBR/Q/4/Add.2 of 8 September 2008, paragraph 85) a Child Protection Committee was also established which acts as the central forum for developing, coordinating and monitoring interdepartmental and multidisciplinary child protection procedures and policies.

Article 6. Programmes of action. The Committee notes the Government’s information that no programmes of action as envisaged by Article 6 of the Convention have been designed or implemented. It notes the Government’s information that widespread publicity of the provisions of the relevant law on the worst forms of child labour are regularly distributed to school children and at public events such as farmers’ week or health promotion events.

Article 7(1). Penalties. The Committee notes that sections 57–59 of the Sexual Offences Act of 2003 lay down penalties of imprisonment for up to 14 years for the offences related to the trafficking in persons. It also notes that the Sentencing Guideline of the Sexual Offences Act of 2003 applies to the sentencing of offenders convicted of the offences covered by the Sexual Offences Act of 2003. According to Part 6A and B of the Sentencing Guidelines of the Sexual Offences Act, the offence under section 45 of the Sexual Offences Act which deals with indecent photography of children under 18 years shall be punishable with imprisonment for up to ten years and the offences related to sexual exploitation of children (sections 47–49 of the Sexual Offences Act) are punishable with imprisonment ranging from seven to 14 years, depending upon the age of the victim.

The Committee further notes that, according to section 3 of the Employment of Children Ordinance, 1966, as amended, any person who violates the provisions related to the prohibition on hazardous work (section 3(c) and (d)) shall be liable to a fine not exceeding £5 (around US$8), or in the case of a second or subsequent offence, to a fine not exceeding £1,000, according to section 37 of the Criminal Justice Act 1982 of the United Kingdom. The Committee notes that, as per section 3(7) of the EWYPC Ordinance as amended, the penalties for the contravention of the provisions on hazardous work shall be governed by section 21 of the UK Children and Young Persons Act of 1933 which provides for penalties ranging from £50 to £100. The Committee observes that the penalties mentioned in the Employment of Children Ordinance, 1966, and the EWYPC Ordinance, are very minimal. The Committee therefore also requests the Government to take the necessary measures to review the monetary penalties established by the Employment of Children Ordinance, 1966, and the EWYPC Ordinance, so as to ensure that penalties with regard to hazardous work by children are sufficiently effective and dissuasive.

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 notes the Government’s information that the Education Ordinance makes primary and secondary education compulsory for 12 years between the ages of 5 and 16 years. It also notes the Government’s statement that primary and secondary education is guaranteed to all boys and girls on an equal basis without any segregation by gender or any other status. The Government report further indicates that opportunities for vocational training and funding for higher education are available on a non-discriminatory basis to all children in the Falkland Islands. The Committee also notes the Government’s information that children living on remote farms are provided with education by travelling teachers who visit such children for one week per month followed by radio lessons in the intervening weeks. It notes the Government’s statement that the travelling teachers have not reported any incidence of child labour.