Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Guernsey

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. Following its previous comments, the Committee notes that section 74 of the Children (Guernsey and Alderney) Law, 2008 (Children Law of 2008), provides for penalties for the offences related to the abduction of a child which includes, taking or sending of a child under the age of 16 years out of the jurisdiction of Guernsey and Alderney, without the appropriate consent. The Committee notes the Government’s indication that the Department of Education has a duty to know the movement of a child and to make contact and notify areas where a child is moving in order to ensure that children do not fall victims to trafficking. The Committee further notes from the Government’s report that the Guernsey Border Agency’s Cross Border Crime Division has taken measures to tackle organized crime involving the trafficking of children.

The Committee observes, however, that section 74 of the Children Law of 2008 only covers the abduction and movement of children under 16 years of age and that there appears to be no provisions which explicitly address the sale and trafficking of children under 18 years of age. The Committee reminds the Government that, according to Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for labour or sexual exploitation constitutes one of the worst forms of child labour and that, by virtue of Article 1, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of this worst form of child labour. The Committee therefore urges the Government to take the necessary measures to ensure that the sale and trafficking of children under 18 years of age for the purposes of labour and sexual exploitation are prohibited.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Following its previous comments, the Committee notes the Government’s reference to section 12 of the Protection of Children and Young Persons (Amendment) Law, 1955 (Protection of Children’s Act). According to this section, causing, encouraging or allowing seduction, unlawful carnal knowledge, or prostitution or the commission of an indecent assault upon a girl under the age of 16 years shall be punished. The Committee notes, however, that section 12 of the Protection of Children’s Act does not seem to protect girls of 16 to 18 years of age, as well as boys under the age of 18 from prostitution.

In this regard, the Committee reminds the Government that by virtue of Article 3(a) of the Convention, the use, procuring or offering of both boys and girls below 18 years of age for prostitution should be prohibited. The Committee therefore urges the Government to take the necessary measures to ensure that the use, procuring or offering of boys under the age of 18 years and girls between 16 to 18 years of age for prostitution is effectively prohibited.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the Government’s indication that according to section 1 of the Protection of Children (Bailiwick of Guernsey) Law, 1985, any person who commits an act of gross indecency with, or towards, a child or incites a child to such an act with him or another shall be punished. Section 3 of the above Act further makes it an offence to take or permit to be taken, distribute, possess or publish any indecent photograph or advertisement of a child. The Committee further notes that the Obscene Publication (Bailiwick of Guernsey) Law of 1985 makes it an offence to make, possess, circulate, export, import or deal with any obscene publication which includes any book, writing, drawing, painting, photograph, cinematograph or video film.

Clause (d) and Article 4. Hazardous work. Following its previous comments, the Committee notes that according to section 47 of the Education (Guernsey) Law, 1970, the Education Council has the power to prohibit or restrict the employment of any child who is a registered student and is being employed in such a manner as to be prejudicial to his health or otherwise to render him unfit to obtain the full benefit of the education provided for him. The Committee also notes that as per section 46 of the Education Law of 1970, for the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is over compulsory school age (over 15 years) shall be deemed to be a child within the meaning of that enactment. It further notes the Government’s information that the Education Department ensures that people are trained to provide for the care and protection of children and that as per the Health and Safety at Work (Guernsey) Law, 1979, accidents, incidents and dangers are required to be reported to the Health and Safety Department.