Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - Cook Islands (Ratification: 2015)

The Committee notes the Government’s first report.

Articles 1(1) and 2(1) of the Convention. Prohibition of forced labour, including trafficking in persons. The Committee notes that the legislation under examination, including the Constitution of 1964, the Employment Relations Act of 2012 and the Crimes Act of 1969 do not provide for a comprehensive prohibition nor a definition of forced labour in compliance with the Convention.

The Committee notes the Government’s indication that a Crimes Bill of 2017 is before the Parliament. The Bill will deal with slavery and forced labour as well as human trafficking in Part 17. Specifically, sections 305–306 will address forced labour. The Committee requests the Government to take the necessary measures to incorporate in the Crimes Bill a comprehensive prohibition of forced labour, including trafficking in persons to give effect to the Convention. The Committee also requests the Government to provide information on the phenomenon of trafficking in persons in the Cook Islands, indicating the measures in this regard.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. The Committee notes the absence of information regarding the freedom of civil servants to leave their service. The Committee requests the Government to provide information on the manner in which civil servants can resign voluntarily from their service and to provide a copy of the relevant legislation in this regard.

Article 2(2)(b). Civic obligations. The Committee notes an absence of information on this point. The Committee requests the Government to indicate the nature of the civic obligations that citizens may be requested to perform, providing copies of the relevant legislation in this regard.

Article 2(2)(c). Prison labour. The Committee notes an absence of information on this point. The Committee requests the Government to provide information on the work of convicted persons, indicating whether they may perform labour for private individuals, companies or associations, and if so, under what conditions. The Committee also requests the Government to supply the relevant legislation regulating such work.

Article 2(2)(d). Emergency situations. The Committee notes an absence of information on this point. The Committee requests the Government to indicate the legislation regulating cases of emergency. It also requests the Government to indicate the guarantees provided to ensure that the power to call up labour in such cases is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2(2)(e). Minor communal services. The Committee notes an absence of information on this point. The Committee requests the Government to indicate whether any labour or service may be required as minor communal services from members of the community and the conditions under which such work or service is fulfilled. Please provide a copy of the relevant legislation in this regard.

Article 25. Penalties for the exaction of forced labour. The Committee notes that under section 109(1) of the Crimes Act, the act of selling, purchasing, transferring and hiring – among others – a person as a slave and the act of inducing a person into debt bondage or serfdom is punishable with imprisonment for a term not exceeding 14 years. The Committee notes the Government’s indication that that there have been no recorded official cases of forced labour either through the police, the Ministry or any other government agencies.

The Committee further notes the Government’s indication that sections 305–306 of the Crimes Bill will address forced labour.

The Committee recalls that Article 25 of the Convention provides that the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced. The Committee hopes that, within the framework of the adoption of the Crimes Bill, the Government will take the necessary measures to incorporate in it a comprehensive provision providing for penalties for the offence of forced labour and trafficking in persons for both labour and sexual exploitation and that the penalties imposed will be really adequate and strictly enforced. Please provide information on the progress made in this regard.