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

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. It observed 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 noted the Government’s statement that the law regarding sexual offences was undergoing revision and that the new law would 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. The Committee expressed the firm hope that the new law would prohibit the sale and trafficking of children under 18 years of age for the purposes of labour and sexual exploitation.

The Committee notes the Government’s information in its report that the new law on sexual offences has been drafted and circulated to stakeholders across the government for consideration and feedback. However, the implications of Brexit and specifically the pressure on drafting resources have caused delay in its enactment procedures. The Government states that it is anticipated that the new law will be presented to the States for approval by the end of 2019. The Committee notes from the Government’s report that section 74 of the draft law deals with trafficking of persons for sexual exploitation. Accordingly, a person who arranges or facilitates the arrival in, or entry into Bailiwick or another country or departure from Bailiwick or another country, or travel within Bailiwick or another country for the purpose of sexual exploitation shall be punished with a maximum imprisonment of 14 years. The Committee, however, observes that this provision does not include trafficking of children for labour exploitation. The Committee therefore requests the Government to take the necessary measures to ensure that the draft law on sexual offences also prohibits the sale and trafficking of children for labour exploitation. It also requests the Government to take the necessary measures to ensure that the draft law which will prohibit the sale and trafficking of children under 18 years of age for the purposes of labour and sexual exploitation is adopted in the near future.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee observed that section 12 of the Protection of Children and Young Persons (Amendment) Law, 1955 (Protection of Children’s Act) did not protect girls of 16 to 18 years of age, as well as boys under the age of 18 from prostitution. It noted 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 therefore expressed 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 notes the Government’s information that chapter XV of the draft law on sexual offences makes it an offence to cause or incite or control prostitution for gain, and paying for the sexual services of a prostitute subject to exploitation. The Committee expresses the firm hope that the draft law on sexual offences which deals with offences related to prostitution will be adopted in the near future. It requests the Government to provide information on any progress made in this regard. It also requests the Government to indicate if the draft Law provides for aggravated penalties for offences committed against children under the age of 18 years.