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

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. The Committee previously noted 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 noted 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 victim to trafficking. The Committee further noted from the Government’s report that the Guernsey Border Agency’s Cross Border Crime Division had taken measures to tackle organized crime involving the trafficking of children. The Committee observed, however, that section 74 of the Children Law of 2008 only covered the abduction and movement of children under 16 years of age and that there appeared to be no provisions which explicitly address the sale and trafficking of children under 18 years of age.

The Committee notes the Government’s statement in its report that in 2011, the States of Deliberation resolved to modernize and reform the law regarding sexual offences generally in the Bailiwick of Guernsey. The new law will introduce offences similar to those prohibitions on trafficking in persons as set out in Part I, sections 57–59 of the UK Sexual Offences Act, 2003. Work on the new law is at an advanced stage and consultation on the legislation is planned to commence in 2017.

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 expresses the firm hope that the new law will prohibit the sale and trafficking of children under 18 years of age for the purposes of labour and sexual exploitation.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted 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 noted, however, that section 12 of the Protection of Children’s Act did not seem to protect girls of 16 to 18 years of age, as well as boys under the age of 18 from prostitution.

The Committee notes the Government’s indication in its report that the new law on sexual offences will introduce a variety of offences to protect children from being abused through prostitution and will contain similar measures with regard to prostitution to those set out in the UK Sexual Offences Act.

The Committee once again 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 expresses the firm hope that the new law on sexual offences will prohibit the use, procuring or offering of boys under the age of 18 years and girls between 16 and 18 years of age for prostitution.

The Committee requests the Government to provide information on progress made in the adoption of the new law on sexual offences.