Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Minimum Age Convention, 1973 (No. 138) - Kiribati (Ratification: 2009)

Article 2(1) and (3) of the Convention. Minimum age for admission to employment and age of completion of compulsory schooling. The Committee previously noted that the Education Act No. 12 of 2013 fixed the age of completion of compulsory education at 15 years or until the child completed junior secondary education, whichever was earlier (section 7). It also noted that the Employment and Industrial Relations Code, 2015 (EIRC), which was awaiting entry into force, maintained the minimum age for employment at 14 years (section 115). It consequently requested the Government to consider raising the general minimum age for employment in order to link it with the age of completion of compulsory schooling of 15 years.

The Government indicates that it takes note of this issue and that it will discuss it further with the Decent Work Advisory Board and related bodies in Kiribati, along with the ILO regional Office in Suva. It will provide updated information in its next report. The Committee notes that the EIRC entered into force on 1 November 2016. The Committee hopes that the Government will take the necessary measures to ensure that the minimum age for admission to employment or work is not less than the age of completion of compulsory schooling, in conformity with the Convention. It requests the Government to provide information on the progress made in this regard.

Article 3(2). Determination of types of hazardous work. Regarding the determination of hazardous types of work, the Committee refers to its detailed comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7. Light work. The Committee previously noted that section 116 of the EIRC permitted the employment of children from 12 years of age for light work which is unlikely to be harmful to the health and development of the child; which does not prejudice the child’s school or vocational training attendance; which does not prejudice the child’s ability to benefit from schooling or vocational training; and which complies with the prescribed requirements for light work. The Government indicated that the Ministry of Employment and Human Resource (MEHR) would determine the activities in which light work may be permitted and prescribe the conditions under which the activities may be carried out and the permissible times and hours of work, in accordance with section 116 of the EIRC. The Committee requested the Government to take the necessary measures to determine the types of light work permitted.

The Government indicates that a draft list of light work has been developed and is currently under review by the Attorney General’s Office before adoption by the Cabinet.

The Committee notes that, according to the Employment and Industrial Relations Code (Amendment) Act 2017, section 116 has been amended to remove the requirement that light work shall not prejudice the child’s participation in vocational training and the child’s ability to benefit from vocational training. The Committee trusts that the list of light work will be adopted in the near future and will include the number of hours during which and the conditions in which such work may be undertaken. It requests the Government to supply information on the progress made in this regard. The Committee also requests the Government to clarify the reason for the removal of the vocational training elements from section 116 of the EIRC.

Article 9(1). Penalties. The Committee previously noted that contraventions of section 115 of the EIRC on the minimum age for employment and section 117 of the EIRC on the minimum age for hazardous work were punishable by a fine or a term of imprisonment of 12 months, or both (sections 115(6) and 117(4)). It requested the Government to provide information on the application in practice of these sections, once the EIRC is in force.

The Government indicates that there is no record of prosecutions or child labour issues currently reported to the Government. It states that, regarding the enforcement of the EIRC, once the lists of light work and hazardous work will be adopted, labour inspectors will have a guidance tool in their inspections concerning child labour. It also states that the high turnover of officers contributes to the weak enforcement of national legislation. The Government specifies in this connection that regional training and workshops on child labour organized by the ILO could prove very fruitful. The Government further indicates that, according to the Ministry of Women, Youth, Sports and Social Affairs, a Child Protection Working Group is being developed, in order to oversee issues relating to child abuse in Kiribati, including exploitation. The group will work closely with the labour inspectors in terms of activities, outreach and information sharing on all forms of child abuse, including children under the minimum age involved in child labour. The Committee encourages the Government to pursue its efforts to combat child labour and to ensure that laws providing for penalties for violations of the minimum age for employment are implemented effectively. The Committee requests the Government to provide information on the application of the penalties provided for in sections 115(6) and 117(4) of the EIRC in practice, indicating the number and nature of violations reported and penalties imposed.

Article 9(3). Keeping of registers. The Committee previously noted that section 119 of the EIRC provided that, for each employee under the age of 18, an employer was required to keep a register containing the child’s name and date of birth.

The Government indicates that it requires employers to submit employment registers along with contracts of employment. It indicates that this obligation is still not being complied with by Kiribati employers. Many employers have not submitted their employment records.

The Committee notes that the Employment and Industrial Relations Code (Amendment) Act 2017 inserts in the EIRC Schedule 6 which sets out the offences that are fixed penalty offences and the penalties that can be issued in fixed penalty notices. Pursuant to Schedule 6, failure to keep a register of child employees under section 119 is punishable by a fine of US$200 for individuals and US$1,000 for companies. The Employment and Industrial Relations Code (Amendment) Act 2017 states that the new provisions on fixed penalty notices aim to sanction and deter employers from breaching the EIRC.