Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Seychelles (Ratification: 1999)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. The Committee observed previously that there did not appear to be a provision that specifically prohibits trafficking of children under the age of 18 years for labour and sexual exploitation. It noted the Government’s indication that the Social Affairs Department was working in collaboration with the United Nations Office on Drugs and Crimes (UNODC) in order to draft laws on trafficking in persons. The Committee requested the Government to take effective measures to ensure that national legislation prohibiting the sale and trafficking of children under 18 years age for labour and sexual exploitation is adopted.

The Committee notes the Government’s indication in its report that the Prohibition of Trafficking in Persons Act was enacted in April 2014 after wide consultation. The Committee notes with satisfaction that, the Act provides for the specific prohibition of the sale and trafficking of children under the age of 18 with stringent punishment in sections 3 and 4. The maximum penalty for child trafficking is up to 25 years’ imprisonment, or additionally with a fine not exceeding 800,000,000 Seychelles rupees (SCR). It also notes that, pursuant to section 21 of the Act, the National Coordinating Committee on Action against Trafficking in Persons was set up in June 2014, with members notably from the Immigration Division, Ministry of Labour and Human Resource Development, the Police Department, Ministry of Foreign Affairs and Transport, and was chaired by the Principal Secretary for the Social Affairs Department. The Committee requests the Government to provide information on the application in practice of the Prohibition of Trafficking in Persons Act.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performance. Prostitution. The Committee previously observed that the use of children, both boys and girls under 18 years of age, for prostitution, for example by a client, did not seem to be prohibited. It also noted the Government’s indication that the new laws on trafficking in persons would include provisions to prohibit the use of children under 18 years of age for prostitution.

The Committee notes the Government statement in its report that section 156(3) of the Penal Code prohibits a person from knowingly exploiting the prostitution of another person. It also notes that, section 2 of the Prohibition of Trafficking in Persons Act includes the use of a person in sexual acts or pornography in the definition of sexual exploitation.

The Committee again notes the Government’s statement that no cases classified as worst forms of child labour have been reported. However, the Committee notes that the United Nations Special Rapporteur on trafficking in persons, especially women and children, in her mission report to Seychelles of 5 June 2014 (A/HRC/26/37/Add.7), indicated the occurrence of internal trafficking of children for sexual purposes and the forced high-class prostitution of Seychellois girls, and according to some sources, boys, by foreign clients, identified as male or female visitors/tourists or locally employed foreign men (paragraphs 10 and 11). The report further indicated that, while girls aged 16 and onwards were most at risk, girls as young as 14 years old were reportedly forcibly prostituted. The report also noted that a number of factors hampered the effective and swift investigation and prosecution of trafficking cases, including the lack of comprehensive understanding of relevant provisions in penal laws by police officials (paragraphs 46 and 47). The Committee expresses its deep concern at the situation of children under 18 years of age who are engaged in prostitution, particularly sex tourism. The Committee, therefore, urges the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions are carried out against persons suspected of using, procuring, or offering children for prostitution. It once again requests the Government to provide statistical information on the number and nature of violations reported, investigations, prosecutions, convictions and criminal penalties imposed in this respect.

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