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

Abolition of Forced Labour Convention, 1957 (No. 105) - Kiribati (Ratification: 2000)

Article 1(d) of the Convention. Penalties of imprisonment involving the obligation to work as punishment for participation in strikes. The Committee previously noted the Government’s indication that the Industrial Relations Act, which imposed sanctions of imprisonment (involving compulsory labour) for participation in strikes in essential services (section 37), would be repealed and replaced by the Employment and Industrial Relations Code of 2015 (EIRC). The Committee encouraged the Government to pursue its efforts to adopt the new EIRC with a view to addressing the issue of penal sanctions for participation in strikes.

The Committee notes with satisfaction that the Employment and Industrial Relations Code, which entered into force on 1 November 2016, addresses the issue of penal sanctions for participation in strikes. It notes that its section 138, contained in Part XVI on Industrial Action, provides for offences for the violation of an order of the Registrar regarding strikes in essential services. This section does not specify any penalty, however, section 152 provides for a fine for any person who commits an offence under this Code for which no specific penalty is prescribed. The Committee requests the Government to provide information on the application in practice of sections 138 and 152 of the Employment and Industrial Relations Code.

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