Worst Forms of Child Labour Convention, 1999 (No. 182) - Kiribati (Ratification: 2009)

Individual Case (CAS) - Discussion: 2021, Publication: 109th ILC session (2021)

Written information provided by the Government

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution

The Government of Kiribati ratified the Convention for Worst Forms of Child Labour in 2009 indicating its strong stance to eradicate all worst forms of child labour in the country.

In 2015, the Employment and Industrial Relations Bill was adopted by Parliament and recently gazetted in 2019.

The Ministry of Employment and Human Resource responsible for implementation of this act has employed four inspectors. These inspectors have carried out a total of 526 inspections from 2017 to 2020. Out of these inspections, 303 of these businesses show continuous non-conformity to conditions of employment such as hours of work, unpaid wages and unfair terminations. In conducting labour inspections, inspectors have developed a schedule to conduct inspections of all businesses in Kiribati. The lists of registered businesses are provided by the Ministry of Commerce and Industry and Cooperatives. Labour inspectors are working with the Police Department for prosecutions of the more serious ongoing non-compliance. Till date the police indicate along with records of cases in judiciary that there are still no cases regarding prosecution on child labour.

Moreover, social partners along with relevant stakeholders in conjunction with the Government realize the crucial need of better coordination in combating worst forms of child labour.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs

The Government notes the lack of enforcement mechanisms in place in combating worst forms of child labour. Adoption of regulations on lists of light work and hazardous work will assist in combating activities relating to worst forms of child labour. Also future trainings and capacity-building for labour inspectors will ensure competency of officers in conducting awareness on activities prohibited in the EIRC and also in effective implementation/enforcement of the code.

Clause (d) and Article 4. Hazardous work and determination of types of hazardous work

While the Government acknowledges the findings from the studies conducted and reports submitted indicating that there are worst forms of child labour in Kiribati; the Government is still finalizing the amendment of the minimum age and preparing the reading of the Bill to enact the amendment in the upcoming Parliament session in August 2021, which will be followed by the finalization of the Regulation to List of Hazardous Works and Lights Works for Children. The findings will be the baseline for these legislative reform initiatives as the Government shares the concern from stakeholders about the predicament of children working in these harsh conditions, environment and the impacts it will have on them, if they are not protected accordingly.

Labour inspections have not been extended to the private and informal sectors and in sectors indicated in the studies and reports to be the place where there is high risk of illegal child labour, such as in fishing vessels, kava bars, street vending, domestic works and night clubs. Recent discussions with the social partners in the 2019–20 Decent Work Advisory Board meetings, indicates a need for proper technical assistance in the development of tools and regulations for combating worst forms of child labour for these sectors. Labour inspectors also require proper capacity-building on this type of inspection to ensure these activities are clearly identified to ensure successful prosecution.

Domestic work such as toddy cutting and processing of seafood, working with uncontrolled animals are some of the normal occurrences in a traditional domestic setting of Kiribati societies and families. Regulating these works for children at a young age will be detrimental to the skill set required by the youth in order to survive on an atoll, especially for those living in the outer islands in rural settings as well as a breakaway from the norms of Kiribati culture This is why the lists of hazardous work and light work regulations that the Government has stated earlier has been noted by the tripartite partners in the DWAB meetings to require further consultation to ensure that it is applicable to the context of Kiribati.

The Government however further reiterates the need for capacity-building for labour inspectors and the technical assistance required for development of an effective and contextual inspection system and procedure specifically for combating worsts forms of child labour.

Article 5. Monitoring mechanisms

The Ministry of Employment and Human Resource has already initiated discussion with the Kiribati Police Force and MWYSSA on a joint inspection programme to places considered of high risk. This includes places such as kava bars, night clubs and prostitution on foreign fishing vessels. Inspection in these high-risk areas however has not started. The Government notes the importance of the adoption of relevant regulations and the required training/capacity-building as crucial initially before commencing in these inspections.

Article 7(1). Penalties

The Government notes the recommendation of the Committee in regard to the penalties imposed by the EIRC for cases of worst forms of child labour and ensure sufficient effective and dissuasive sanctions of imprisonment are applied for these cases. The Government will conduct consultations on this recommendation with the DWAB and provide updates in its next reporting cycle.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms of child labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation

MWYSSA is currently developing a child protection referral pathway that will be coordinated by the Child Protection Working Group, that comprises key related ministries, the Kiribati Police Service, non-governmental organizations and communities. This pathway will be crucial to the protection of children in Kiribati. The bodies involved play a key role in providing protection and immediate assistance. The CPWG is still to be adopted by the Government.

Currently there no known cases of children who have been removed from commercial sexual exploitation and provided with rehabilitation and social integration.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education

The Kiribati Education Act stipulates for children of compulsory age to free enrolment and free education in primary and junior secondary schools. The Act also obligates parents to enroll children into schools each year during compulsory education periods. Children are also not to be refused enrolment on discriminatory bases such as gender, religion, race or disability. There are some key programmes conducted by the Government to ensure this is implemented, through capacity-building of teachers on inclusion and gender in education; measures also include the national curriculum based on inclusive education.

In addition, the AUSAID project Kiribati Education Improvement Program was initiated in 2010 and started its programme in 2011. The project was done in three phases, which involved the rehabilitation of primary schools in the outers islands, in the Line Islands and in South Tarawa. Some of the programmes also included providing technical assistance and funding in curriculum reformation, capacity-building for teachers at Kiribati Teachers Institutes and also in line with the inclusive education policy. The KIEP also played a key role in the construction of model schools around South Tarawa. These schools are constructed to cater for children with disability in providing them opportunities to attend school, with teachers and staff who are specially trained to cater for their needs.

Discussion by the Committee

Government representative, Secretary for Employment and Human Ressources – It is an honour to stand before this Committee but I regret that it is to present my Government’s case on the Worst Forms of Child Labour Convention, 1999 (No. 182). It is unfortunate that Kiribati is considered to have some cases of the worst forms of child labour domestically. Recent national reports or surveys show findings of child labour in our country. However, it is important to note that some of the cases identified, such as toddy cutting, are intrinsic cultural practices critical to building resilient citizens and livelihood sustainability in our country, which is considered to be one of the least developed in the region. Prohibiting this practice for children at a young age may have serious implications among Kiribati communities.

Moreover, the Government strongly condemns all other forms of child labour and is currently working on improving monitoring systems for these types of activities. This can be noted in the report provided by the Kiribati Government that illustrates some of these developments, from policy and legislation reforms, better response systems in the form of referral pathways and better coordination with stakeholders.

The Government notes issues with information gathering and a centralized database, the need for capacity-building of labour inspectorates and associated implementing bodies, and for technical assistance for strengthening of legislation to ensure better implementation of the Convention.

The Government wishes to acknowledge the strong support of the ILO Regional Office in Suva. The technical advisers have made notable efforts that can be seen in, inter alia, the drafting and adoption of our Country Work Programme 2019–22, the technical assistance provided to some of our legislative reforms that are still to be adopted by Parliament, and provision of training and capacity-building for officers involved in the implementation of ratified Conventions.

Employer members – This case deals with the application of a fundamental Convention: Convention No. 182. It is the first ILO Convention to achieve universal ratification by its 187 Member States. This is undoubtedly a historic achievement that we in the Employers' group welcome and have always supported. We also recognize that this debate is timely, given that this year marks the International Year for the Elimination of Child Labour.

However, regrettably, universal ratification does not mean automatic universal application in law and practice. This is the first time that the Committee is discussing the application of this Convention, which was ratified by Kiribati in 2009.

The Committee of Experts has made an observation and direct request pointing out the gaps in compliance in Kiribati in 2020.

We thank the Government for submitting supplementary information to the Committee, clarifying some issues regarding the application of the Convention. We regret, however, that this information was transmitted two days before the discussion of this case.

The observations of the Committee of Experts outline very serious issues of inadequate application of the Convention in Kiribati. Allow me to summarize them, focusing on two points.

First, in relation to Article 3(b) of the Convention prohibiting the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, the Committee noted that section 118(f) of the Employment and Industrial Relations Code 2015, prohibited the use, procuring or offering of a child for prostitution, and established a penalty of a fine of US$5,000, imprisonment of ten years, or both, for any person contravening this provision.

We note that the Government has provided information on the inspections of the Ministry of Employment and Human Resources conducted by four inspectors, amounting to a total of 526 inspections between 2017 and 2020. However, we are surprised that the Government has reported that there are no cases or convictions related to the aforementioned section 118(f) of the Employment and Industrial Relations Code.

In its observations, the Committee of Experts identified various reliable sources in which there is evidence of children aged 10–17 years engaged in prostitution. These sources include the ILO TACKLE programme in Fiji, the government report to the Committee on the Rights of the Child of March 2020 and the report of the Committee on the Elimination of Discrimination against Women.

The Employer members support the requests of the Committee of Experts for the Government to take the necessary measures to ensure that persons contravening section 118(f) of the Employment and Industrial Relations Code are investigated and prosecuted, and to supply information on the number of violations identified under this provision.

Second, the Committee of Experts' observations address the provisions of Article 7(2)(a) and (b) on preventing, removing, and rehabilitating and ensuring social integration of children involved in the worst forms of child labour. We note that the Committee of Experts had previously requested the Government to strengthen its efforts to prevent the commercial sexual exploitation of children in the country and to provide information on the measures taken to remove children from this worst form of child labour.

Two days ago, the Government presented some relevant information on the measures taken in this regard. We welcome these efforts and the commitment to tackle these extremely serious issues. We encourage the Government to continue working with the social actors and international development cooperation organizations to prevent the exploitation of children even in unfavorable socio-economic circumstances.

The Employer members also encourage the Government to, as a matter of priority, continue raising awareness in the community of child labour, and building capacities of labour inspectors, social workers and the private sector. Further, taking into account the role of education in preventing the worst forms of child labour, the Employer members suggest that the Government intensify its efforts to facilitate access to free basic education for all children, especially girls, by increasing enrolment rates and decreasing school dropout rates.

The Employer members once again thank the Government for the written and oral information submitted to the Conference Committee. We note that the Office has a number of programmes for countries where child labour exists. We encourage the Government to request this technical assistance of the ILO to strengthen the capacities of the tripartite constituents, with a view to applying effective strategies and eliminating the worst forms of child labour, following timely and effective consultation with the social actors.

To conclude, we wish to highlight that, to achieve Goal 8.7 of the Sustainable Development Goals to eliminate the worst forms of child labour by 2025, all governments, employers’ and workers’ organizations, and the ILO must continue working together.

Worker members – This is the first time that our Committee is examining the application of Convention No. 182 by the Government of Kiribati. We note that Kiribati ratified the Convention in 2009 and that, since it first reported on the application of the Convention in 2013, the Committee of Experts has been raising the same serious concerns regarding the persistent issue of the use, procuring and offering of a child for prostitution. The situation in Kiribati is deeply worrying as sexual exploitation of girls persists.

Crew members of foreign fishing vessels account for much of the demand for children in the commercial sex sector. These girls generally receive financial support – food, alcohol, or goods – in exchange for sexual services with local collaborators. Detailed information on child prostitution is unfortunately scarce, as the Government does not provide sufficient data to assess the situation. The Rapid Assessment on Child Labour in Tarawa conducted by the ILO International Programme on the Elimination of Child Labour (IPEC) in 2012 found that, out of the 61 children identified as being involved in child labour, 33 were involved in commercial sexual exploitation.

We note with concern that section 118(2) of the Employment and Industrial Relations Code 2015, which provides penalties for the worst forms of child labour, establishes a penalty of a fine of US$5,000, or a term of imprisonment of ten years, or both, for any person engaging in the use, procuring or offering of a child for prostitution or for pornographic or pornographic performances. We echo the Committee of Experts’ comments that given the seriousness of these worst forms of child labour and the dissuasive effect that the penalties should have, legislation providing for the possibility of a fine alone cannot be considered effective.

Based on information made available by the Government in 2020, cases of child prostitution tend to go unreported because girls are considered not to be forced and the community at large does not have a clear understanding that this is illegal and dangerous. The absence of any reported cases or convictions relating to the use, procuring or offering of a child for prostitution or for pornography or pornographic performances is all the more concerning and clearly points to serious gaps in measures implemented by the Government to prevent the engagement of children in the worst forms of child labour and to punish perpetrators.

With regard to child protection measures, we note the Government’s indication that the Kiribati community police patrolled during the night to keep children off the streets in order to prevent and remove child victims from commercial sexual exploitation.

We also note the awareness-raising activities conducted among owners and members of kava bars who employ underage girls to work at night, and the provision of advice and counselling to these children which empowers them to integrate into the community, including through education and awareness-raising on the risks of alcohol.

We further note the Child Protection Referral Pathway currently under development by the Ministry of Women, Youth, Sports and Social Affairs. We welcome the efforts made to improve education, and the teaching system and infrastructure, so as to facilitate access to education for children. These measures are of paramount importance to prevent the engagement of children in the worst forms of child labour and to remove them from such forms and ensure their rehabilitation and social integration.

However, to achieve results, such measures must be supplemented with strong monitoring and inspection mechanisms. In this regard, we note the Government’s written information that there are only four inspectors charged with enforcing the Employment and Industrial Relations Code and they lack training and capacity to monitor and eliminate child labour issues.

We also take note of the ongoing discussions between the Ministry of Employment and the Kiribati police force to conduct joint inspections in areas where there is a high risk of worst forms of child labour, such as foreign vessels, kava bars and nightclubs. While we welcome these positive initiatives, we would like to underline that stronger enforcement measures are long overdue and that the Government of Kiribati must take immediate measures to ensure the enforcement of the pertaining legislative, including through sufficiently resourced and trained labour inspection services.

Concerning hazardous work, we are deeply concerned that, according to the Kiribati National Statistics Office, around 15 per cent of children aged between 5 and 17 years are working under hazardous conditions. We refer to the ILO IPEC Rapid Assessment of 2012, which revealed that children were occupied in activities such as stevedoring, loading and unloading of cargo ships, and some hazardous fishery work, selling goods on the streets, working in mechanical garages or boat sheds, and mixing cement.

We note that the list of hazardous types of work prohibited for children under 18 years of age was developed by the Ministry of Employment with the assistance of the ILO and is currently pending the upcoming Parliament session in August 2021. We call on the Government to expedite the adoption of the list of hazardous types of work, in line with the Convention, and to conduct regular labour inspections to detect violations and impose dissuasive sanctions.

Worker member, Kiribati – I stand here for the protection of the rights of workers, which depends not only on a strong legislative structure but also an effective enforcement mechanism.

Kiribati ratified the Convention in 2009. The Employment and Industrial Relations Code 2015, section 118(f), prohibits the use, procuring or offering of a child for prostitution. A penalty of $5,000 or a prison term of ten years, or both, is stipulated for its contravention.

We note that several reports from international institutions such as ILO, IPEC and the UN Fiji Country Team, which covers Kiribati, have drawn attention to the engagement of children in prostitution, including on foreign boats, which is the most common place for children in prostitution. Unfortunately, no case or conviction relating to section 118(f) of the Employment and Industrial Relations Code 2015 has been reported by the Government to the Committee of Experts. It is very clear that the Government’s failure to provide information to the ILO supervisory bodies is a serious neglect of responsibility. We also concur with the view that an ineffective inspection system does not benefit anyone.

In addition, gaps also exist in Kiribati’s legal framework to adequately protect children from the worst forms of child labour, working in hazardous occupations, activities prohibited for children, as well as child trafficking. Kiribati has not identified in national law or regulations the types of hazardous work prohibited for children. Under section 116 of the Employment and Industrial Relations Code, the activities and hours of work per week that are acceptable for children engaged in light work are not specified. The law is also silent on the conditions under which light work can be undertaken. Kiribati’s laws prohibiting child trafficking are insufficient because they do not specifically prohibit trafficking of children domestically.

Please allow me to give some examples from the ground to illustrate how serious the existence of the worst forms of child labour is in Kiribati. Currently, it is not unusual to go shopping at night and you will see one or two children selling handmade jewellery or local products. The children are being abused by their guardians or parents. In the kava bar, you will often see children either roaming around or sitting in the bar with customers. Concerning commercial sexual exploitation, young girls from the age of 14 will board foreign fishing boats in the port and offer themselves to the crew for gifts or money in return.

It is therefore necessary for this Committee to intervene urgently to prevent children from being engaged in these activities. Commercial sexual exploitation of children in Kiribati must end. Above all, the Government of Kiribati has to strengthen its efforts to prevent the worst forms of child labour. The Government must take the necessary steps to remove children from the worst forms of child labour, including the use of a child for prostitution. These measures include:

• strengthening the labour inspectorate and initiating targeted inspections based on an analysis of data related to high-risk sectors and patterns of serious incidents;
• establishing a mechanism to coordinate the Government’s efforts to combat the worst forms of child labour;
• enhancing efforts to eliminate barriers to education and ensuring access to education for all children;
• implementing social programmes to address the worst forms of child labour, including in construction and street vending;
• ensuring that persons contravening section 118(f) of the Employment and Industrial Relations Code 2015 are investigated and prosecuted; and
• consulting with trade unions and social partners to prepare a plan to implement these actions.

I call upon the Government of Kiribati to act in compliance with the Convention.

The workers in Kiribati expect our Government to live up to the international commitments it has made pertaining to the ratification of this and other international labour Conventions.

Government member, Portugal – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries Montenegro and Albania, the EFTA country Norway, member of the European Economic Area, as well as the Republic of Moldova align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights, together with freedom of association and the abolition of forced, compulsory and/or child labour.

We actively promote the universal ratification and enforcement of fundamental international labour standards, including Convention No. 182 on the abolition of the worst forms of child labour. We support the ILO in its indispensable role to develop, promote and supervise the application of international labour standards and of fundamental Conventions in particular.

We thank the Office and give our full support for its constant engagement in promoting labour rights in Kiribati, equal treatment and elimination of discrimination and forced and child labour.

We note with deep regret the reported persistence of child labour, also in its worst forms, particularly the prostitution of underage children and the commercial sexual exploitation of children. The Government must step up its efforts to eradicate these worst forms of child labour.

We support the Committee of Experts’ observations, and we urge the Government to take the necessary measures to ensure that persons contravening the Employment and Industrial Relations Code that prohibits the use, procuring or offering of a child for prostitution are investigated and prosecuted.

We also call on the Government to supply information on the number of violations identified, prosecutions and convictions, and the penalties imposed.

The EU and its Member States welcome the provision of expanded counselling and guidance in resolving problems related to commercial sexual exploitation of children, as well as awareness-raising activities by the Ministry of Women, Youth, Sports and Social Affairs. We welcome the reported decrease in the number of girls working in kava bars.

We urge the Government to continue to take all the necessary measures to prevent the engagement of children in commercial sexual exploitation, and to take the necessary steps to remove children from this worst form of child labour, to rehabilitate and integrate them socially and economically, and to provide compulsory and free education at the primary and secondary levels for all children.

We request the Government to provide information on the aforementioned, as well as on the number of children under 18 years of age who have actually been removed from commercial sexual exploitation and provided with appropriate care and assistance.

With reference to the child labour-related ILO Minimum Age Convention No. 138, we welcome that Kiribati is one of the 173 ILO countries, which have already ratified this crucial Convention, despite the specific challenges of small island States. We hope that this positive example of Kiribati’s ratification encourages the remaining 14 ILO Member States to also proceed towards ratifying this important Convention in order to achieve universal ratification.

We call on the Government to develop its legislation and ensure its effective enforcement with the view to eliminating child labour, including in the informal economy. The EU and its Member States will continue to support the Government of Kiribati in this endeavour.

Worker member, Australia – The Convention places a spotlight on forms of child exploitation so egregious and damaging in their effects that they deprive young people of their childhood. One of the worst forms of child labour is child prostitution. Culturally, the children of Kiribati are at the heart of its society. Despite their cultural importance, many children remain vulnerable and risk losing their rights because of child prostitution, particularly in the poorer islands and regions. The 2012 Rapid Assessment on Child Labour in Tarawa found that, out of the 61 children identified as being involved in child labour, 33 were involved in commercial sexual exploitation.

The current criminal law prohibits the procurement of any girl younger than 18 for the purpose of prostitution and prohibits using a child of either gender younger than 15 years for prostitution. In both cases, the maximum penalty is two years imprisonment. The sexual exploitation of girls continues to be a problem, with girls as young as 15 reportedly exploited in prostitution in local kava bars and hotels.

Crew members of foreign fishing vessels account for much of the demand for children in the commercial sex sector. Hotel and bar workers in the wharf area facilitate the exploitation of girls in sex trafficking by providing a venue for prostitution. Often the venue for prostitution is on the foreign fishing vessels themselves.

In 2010, it was made a licensing condition for fishing in the waters off Kiribati that “unauthorized personnel are prohibited from boarding fishing vessels”. The wharf was patrolled by police but the law has not been rigorously enforced by identifying and combating child prostitution on board the vessels.

Of course, poverty is a driver for the sexual exploitation of girls in Kiribati. The girls generally receive financial support, food, alcohol or goods in exchange for sexual services. Some family members of potential victims, older women, and hotel and bar workers facilitate the exploitation of girls in sex trafficking.

We join the Committee of Experts to request the Government to ensure rigorous enforcement of the law with respect to child trafficking and prostitution. The Government should also take steps to remove children from commercial sexual exploitation and to rehabilitate any child who has been the victim of commercial sexual exploitation.

Employer member, Colombia – At the outset, I consider it important to highlight the fundamental character that, as employers, we attribute to the Convention, which aims to protect children, the most vulnerable members of society. With the adoption of this Convention, the ILO recognized this issue as fundamental at both the national and international levels. And, with this standard, a solution was sought to a particularly aberrant situation. Hence its quick and unanimous adoption by the ILO.

The Convention addresses the worst forms of child labour and is a clear and unquestionable wake-up call to all Member States to take urgent and comprehensive measures. In accordance with Article 7 of the Convention, the Government must take the necessary measures to ensure its effective implementation and enforcement, in particular, through the application of penal sanctions.

The Committee of Experts indicated in its report that section 118(f) of the Employment and Industrial Relations Code 2015 prohibited the use, procuring or offering of a child for prostitution, and established a penalty of a fine of $5,000 or a term of imprisonment of ten years.

To date, however, here have been no reported cases or convictions arising from the violation of this provision. This is despite the fact that the Government stated in its report to the Committee on the Rights of the Child of March 2020 that there are indeed cases of girls who are victims of sexual and commercial exploitation in the country. While the provision setting out a punishment of imprisonment indicates good progress in the application of the Convention, there is no evidence that this measure is effective or any type of punishment has been imposed. We therefore request the Government to commit to effectively implementing and enforcing criminal legislation and to supply information demonstrating the practical application thereof.

Lastly, we request the Government to, with ILO technical assistance and by means of various existing international cooperation mechanisms, continue making progress to align law and practice with the provisions of the Convention and, as a matter of urgency, ensure the elimination of the worst forms of child labour in the country.

Worker member, Malta – The complaint before us is brought under the only ILO Convention ever to achieve universal ratification, and it is vitally important that, having been so widely ratified, implementation follows because if a Convention that has been universally ratified does not get properly and fully implemented, it undermines the campaign in which we all participated to achieve that level of ratification.

In addition, child labour is one of the worst forms of exploitation, stealing what should be a learning and growing experience from the next generation. In this case, where sexual exploitation is involved, we have also to be conscious that such sexual abuse of minors is also an act of violence, producing potential physical, as well as mental harm that can last a lifetime.

I do not have to make the case to this Committee that sexual abuse of young women is abhorrent and unacceptable. But what the Committee does have to be conscious of, in its conclusions, is that merely identifying a problem without tackling it is also unacceptable, and that tackling this problem requires not only information, enforcement and the provision of rehabilitation and integration, especially through education, but also the provision of alternative sources of income as a vital element towards the elimination of the worst forms of child labour.

I am pleased to see that the Government of Kiribati has at least identified the problem, and has taken some steps in both the commercial fishing industry and the hospitality sector to educate employers. Ignorance of the law is no excuse and the Government of Kiribati seems to have taken steps to ensure that people are no longer ignorant. Knowledge of the law does not, however, necessarily imply compliance with it and young women will still suffer exploitation, abuse and violence until the laws are enforced. They will still be prey to this sort of behaviour until viable alternatives exist which ensure that these youngsters are learning and growing, not suffering.

My colleagues in the trade union movement in Kiribati are as keen as we are to see the end of these practices, the employers who are enabling and allowing this to happen held to account, and the perpetrators prevented and punished. They have a role, as educators, children’s advocates and parents and guardians, in stamping out this worst form of child exploitation.

We look to the Government to take the steps outlined by the Committee of Experts, and we look to the Conference Committee to recommend that the Government of Kiribati do what the Committee of Experts advises.

Employer member, Argentina – We note that the Government acknowledges the findings from the studies and several reports indicating that worst forms of child labour exist in Kiribati.

We welcome the information submitted by the Government regarding the inspections carried out from 2017 to 2020. However, we regret that no information was reported regarding the cases or convictions related to the use, procuring or offering of a child for prostitution, penalized in section 118(f) of the Employment and Industrial Relations Code 2015.

Consequently, we echo the call for the Government to:

• take the necessary measures to ensure that, in practice, timely and thorough investigations and prosecutions are carried out; and
• provide timely information on the number of violations under this provision, the persons prosecuted and convicted, and the penalties imposed.

Regarding the prevention of the worst forms of child labour and rehabilitation measures, we underline the importance of awareness-raising actions within the community, as well as capacity-building policies for social actors, labour inspectors and social workers.

We also echo our Employer spokesperson and encourage the Government to continue working as a matter of urgency with the international development partners and social actors to prevent the exploitation of children, particularly in the context of adverse socio-economic circumstances. We especially encourage the Government to seek ILO assistance, as the Office has developed extensive knowledge, experience and accumulated capacity among its experts on the topic.

Finally, we hope to see the Government’s commitment result in action as it provides further information on the measures taken to change the lives of the children who remain vulnerable to these worst forms of child labour.

Observer, Education International (EI) – Education International represents almost 400 education unions, including the Kiribati Union of Teachers. Where social partners, including teacher unions, are comprehensively involved and supported in initiatives to eradicate child labour, the results are impressive and sustainable.

In the Committee of Experts’ report, the Ministry of Women, Youth, Sports and Social Affairs of Kiribati stressed the need to ensure integration of working children, including through education. We support the Government’s willingness to create a conducive climate to protect children and adolescents. The Committee of Experts requests the Government to continue to take measures to prevent the engagement of children in commercial sexual exploitation. It also requests the Government to take steps to remove children from the worst forms of child labour, as well as to rehabilitate and socially integrate them.

Ensuring that all children fully enjoy their right to education until the minimum age of compulsory schooling is key to eradicate child labour. Together with the Kiribati Union of Teachers, Education International requests that the Government increases funding towards public education, and that the Government includes awareness of child labour in the teacher training curriculum, so that teachers are professionally trained, empowered and supported to welcome children removed from child labour back into school and provide them the necessary attention and encouragement.

We request that specific gender programmes are developed by the Government to proactively protect girls and disadvantaged communities from being trapped in prostitution networks. The preventive provision of education and vocational training opportunities must be offered to girls and young women.

Finally, we recommend that the ILO provide technical assistance, including through a continuation of the ILO–IPEC initiatives through the TACKLE programme.

Government representative – In closing, the Government of Kiribati takes into consideration the recommendations of the Workers’ and Employers’ groups and the Committee. It will also take into consideration further administrative support for labour inspections on child labour so that these types of activities are eliminated prior to 2025.

The Government will also ensure better coordination with related government bodies, social partners and non-governmental organizations in monitoring and eliminating child labour in Kiribati and, in order to attain this, it wishes to underscore the support that is required from the ILO in capacity-building and technical assistance with regard to effective and best measures and tools in combating the worst forms of child labour in Kiribati.

Worker members – We thank the Government of Kiribati for its oral and written comments. We also thank the speakers who took the floor for their contributions to the discussion.

The Worker members deplore and condemn the persistence of the worst forms of child labour in Kiribati, including the commercial sexual exploitation of children and the use, procuring and/or offering of a child for illicit activities and for the production or trafficking of illegal drugs. We also regret the absence of any concrete information on the incidence of the worst forms of child labour in the country and on the impact of the measures adopted to address them.

We recall that the Committee of Experts has been expressing the same concerns for the past eight years and, so far, little progress has been made to prevent children from falling into the worst forms of child labour, to protect them and remove them from these worst forms, and to prosecute and sentence any person engaging in these worst forms.

While we welcome the efforts of the Government to adopt a legal framework criminalizing the worst forms of child labour in 2015, we note that in over six years, no cases related to the worst forms of child labour have been reported. This points to severe gaps in enforcement which should be addressed by the Government of Kiribati as a matter of urgency.

We recall that without strong and comprehensive implementing measures, the legal provisions adopted will remain ineffective. Therefore, we call upon the Government of Kiribati to strengthen its monitoring and enforcement mechanisms, including through regular inspections in areas where there is a high risk of worst forms of child labour, such as kava bars and nightclubs. In this regard, labour inspection services should be adequately staffed and trained, and sufficient resources should be put at their disposal.

We also call on the Government to investigate and prosecute perpetrators of the worst forms of child labour, including child prostitution or child pornography, through the establishment of formal procedures to proactively identify trafficking victims among vulnerable populations and refer them to protective services.

We invite the Government to review section 118(2) of the Employment and Industrial Relations Code 2015 to ensure that penalties for any person engaging in the worst forms of child labour are sufficiently dissuasive.

We encourage the Government to pursue and strengthen its efforts to facilitate access to basic free education, as well as its education and awareness campaigns on the issue of child prostitution in Kiribati, particularly in well-known meeting places of foreign crew members and, finally, we call on the Government to adopt a list of hazardous work activities prohibited for children in line with the Convention.

We call on the Government of Kiribati to avail itself of the assistance of the ILO.

Employer members – In closing, we, the Employer members, wish to recall that last Saturday was the World Day Against Child Labour. Recent global figures indicate that child labour currently affects 160 million children, including 63 million girls and 97 million boys, which is the equivalent of almost one in ten children worldwide. It is estimated that an additional 9 million children will be working by the end of 2022 as a result of increasing poverty, driven by the current pandemic.

We have heard some extremely serious allegations relating to this case and we cannot turn a blind eye to child labour practices, let alone the persistence of cases of the worst forms of child labour.

The Employer members would again like to thank the Government and the workers for the useful information provided on the application of the Convention. We would also like to thank the delegates for their participation in this case and their ideas. We are pleased to learn of all the measures undertaken by the Government of Kiribati to confront this persistent and serious problem.

The Employer members hope that the Government's commitment will continue resulting in concrete and effective measures that can ensure the protection of the high number of children who remain vulnerable to trafficking and commercial sexual exploitation and that we may soon witness significant progress.

In the light of the debate, the Employer members invite the Government to step up its efforts and explore new ways of combating child labour and its worst forms and to tackle the root causes of the problem. We recommend that the Government intensify its efforts to ensure that any form of child labour and its worst forms ceases to be a reality in the country, adopt effective measures to ensure that persons contravening section 118(f) of the Employment and Industrial Relations Code 2015 are investigated and prosecuted in a timely and proper manner, prevent the engagement of children in commercial sexual exploitation, and rehabilitate and socially integrate the victims.

We invite the Government to provide the Committee with up-to-date information on the number of investigations, prosecutions, convictions and sentences imposed during the regular reporting period and to avail itself of any ILO technical assistance that it may need, to ensure full compliance with the Convention.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee deeply deplored the persistence of the worst forms of child labour in the country, including the commercial sexual exploitation of children and the use, procuring or offering of a child for illicit activities, in particular for the production or trafficking of illegal drugs.

Taking into account the discussion, the Committee urges the Government of Kiribati to take effective and time-bound measures to:

• intensify its efforts to ensure that any practice of child labour and the worst forms of child labour are no longer a reality in the country, notably by strengthening its monitoring and enforcement mechanisms, including through regular and sufficient inspections in areas where there is a high risk of the worst forms of child labour;
• effectively investigate and prosecute perpetrators of child prostitution or child pornography, including through the establishment of formal procedures to proactively identify victims and refer them to protective services;
• review section 118 of the 2015 Employment and Industrial Relations Code (EIRC) to ensure that penalties for any person engaging in the worst forms of child labour are sufficiently dissuasive;
• take all measures to prevent the engagement of children in commercial sexual exploitation as well as to rehabilitate and socially integrate victims of this practice, including by pursuing and strengthening its efforts to facilitate access to basic education; and
• pursue and strengthen its education and awareness campaigns on the issue of child prostitution in Kiribati.

The Committee invites the Government to avail itself of technical assistance to realize full compliance with the Convention. The Committee calls on the Government to provide up‑to‑date information in this regard, including the number of investigations, prosecutions, convictions and penalties imposed, to the Committee of Experts before its next session in 2021.

The Government of Kiribati transmitted a message that read as follows:

Unfortunately, our Government representatives will not be able to attend the sitting of the adoption of conclusions due to unforeseen circumstances. However, the Government of Kiribati thanks the ILO for its ongoing support and the Conference Committee for its critical role in assisting our country in identifying ways towards the effective implementation of ratified Conventions. These Conventions are crucial to ensuring decent work in Kiribati. We also kindly reiterate that our country would welcome assistance, technical support and capacity-building.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes with regret that the Government does not provide information on the application in practice of sections 118(h) and (i) of the Employment and Industrial Relations Code, 2015 (EIRC), which prohibit the use, procuring or offering of a child for illicit activities and for the production or trafficking of illegal drugs. The Government indicates that the Ministry of Employment and Human Resources (MEHR) has noted the need to raise awareness of its laws, including section 118(h) and (i) of the EIRC. In this regard, the Government indicates that the MEHR will work closely with the Child Labour Taskforce to strengthen the mechanisms currently in place by the relevant authorities, such as the Kiribati Police Service (KPS). The Committee requests the Government to take the necessary measures to ensure the effective implementation of section 118(h) and (i) of the EIRC. In this regard, it requests the Government to provide information on the progress achieved by the MEHR and the Child Labour Taskforce to reinforce the work of the relevant law enforcement authorities, and on the results achieved.

Article 7(1). Penalties. Following its previous comments, the Committee notes the Government’s information according to which legislative amendments to section 118(2) of the EIRC – to ensure that sufficiently effective and dissuasive sanctions are imposed on the perpetrators of the worst forms of child labour (under section 118(1) of the EIRC) – have been supported by the Decent Work Advisory Board (DWAB) members. However, consultations are still underway with the relevant stakeholders to ensure that adequate and dissuasive penalties are in place for the perpetrators of the worst forms of child labour. This will take into consideration current national penalties in comparison with regional practices, as well as the ILO’s technical advice. This recommendation is anticipated to form part of the next amendment to the EIRC. The Committee accordingly requests the Government to provide information on the progress made regarding the next amendment to section 118(2) of the EIRC. It expresses the firm hope that this amendment will ensure that sufficiently effective and dissuasive sanctions are applied on the perpetrators of the worst forms of child labour, prohibited under section 118(1) of the EIRC.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s information that it continues to take measures, pursuant to the Education Sector Strategic Plan (ESSP) 2020–23, to provide access to all school-aged children in Kiribati to high quality education. To this end, the Ministry of Education (MOE) has introduced initiatives to address the issue of school drop-outs, including new inclusive curriculums; the establishment of more schools; programmes of support to teachers; and the provision of resources to ensure the inclusion of students with special needs.

The Government indicates, however, that challenges remain regarding financial support to ensure the sustainability, implementation and enforcement of these measures. In addition, the Committee notes that the UN Committee on the Rights of the Child (CRC), in its concluding observations published on 12 September 2022, expressed concern about the lack of educational facilities and infrastructure at the secondary and tertiary levels; the disparities in the quality of education and inadequate teacher trainings; and the disparities between enrolment rates among boys and girls in primary school and the low enrolment rate among all children in secondary school, in particular in rural areas (CRC/C/KIR/CO/2-4, paragraph 50). The Committee therefore requests the Government to pursue its efforts to facilitate access to free basic education, at the primary and secondary levels, for all children. It requests the Government to continue to provide information on the measures taken in this regard as well as their impact, in particular with regard to increasing the enrolment rate of children at the lower secondary level and reducing the disparities between the enrolment of boys and girls at the primary level.

Clause (d). Children at special risk. Vulnerability to climate change. The Committee notes that, according to a UNICEF country profile for Kiribati 2023–27, one of the emerging issues in Kiribati is the increase in natural disasters and climate change threats, undermining the country’s sustainable development and the wellbeing of its people. Similarly, in its concluding observations published on 12 September 2022 (CRC/C/KIR/CO/2-4, paragraph 46), the CRC expressed concern about the increasingly adverse impacts of global climate change and natural disasters on the rights of the child, and on the lack of research, information sharing and awareness-raising in the country regarding the effects of climate change that is specifically focusing on children. The Committee observes that climate change may increase the risk of child labour and its worst forms and the circumstances under which it is undertaken for a number of reasons, including the negative effects of weather shocks, climate-driven migratory movements and population displacements, and heat stress linked to climate change. The Committee requests the Government to provide information on the time-bound measures taken to protect children from the worst forms of child labour due to the effects of climate change.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee takes note of the Government’s information, in its report, communicated in response to its previous comments regarding the practice of child prostitution and sexual exploitation, in particular on foreign fishing vessels and among vulnerable populations. It notes the Government’s indication that, to prevent the exploitation of children in prostitution and to help the Government address this issue, the relevant authorities have initiated certain activities. For example, the Ministry of Fisheries and Marine Resources Development (MFMRD) has recently amended its Fisheries Act to restrict unauthorized personnel from boarding local and foreign fishing vessels licensed in Kiribati, including for prostitution. Moreover, the Ministry of Justice (MOJ) has established the Kiribati National Human Rights Taskforce to monitor the implementation of the Penal Code and other laws against those who facilitate and benefit from the exploitation of girls and young women in prostitution and to ensure that law enforcement officers are in full compliance with the principles and provisions of the law against exploitation of prostitution.

However, the Committee notes with regret the Government’s indication that there are still no official records of children in prostitution, which the Government acknowledges and points to the need to strengthen and implement its laws and regulations. The Government indicates that recent consultations with relevant authorities such as the Ministry of Women, Youth, Sports and Social Affairs (MWYSSA) and the Kiribati Police Service (KPS) have revealed that one reason for lack of enforcement is due to lack of awareness of the Employment and Industrial Relations Code, 2015 (EIRC), more specifically on its provisions that are in line with this Convention. Moreover, the Committee observes that the UN Committee on the Rights of the Child, in its concluding observations of 12 September 2022, expressed concerned that the commercial sexual exploitation of children, in particular girls, is increasing and that there are no formal procedures to identify children who are victims of trafficking and no information on cases against traffickers (CRC/C/KIR/CO/2-4, para. 55). The Committee requests the Government to redouble its efforts to strengthen the capacities of the law enforcement bodies in order to ensure the identification, investigation and prosecution of perpetrators of the offences related to the use, procuring or offering of children under 18 years for prostitution. It requests the Government to provide information on the progress made and results achieved in this regard, including the number of investigations, prosecutions and penalties applied.

Clause (d) and Article 4. Hazardous work and 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 Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Regarding the Committee’s previous request that the Government provide information on the establishment of the Child Labour Taskforce, the Committee notes that the Taskforce was established under the authority of the Ministry of Employment and Human Resources (MEHR). A meeting was held in April 2023 gathering the relevant stakeholders, namely the MWYSSA, the KPS, the Ministry of Education and the Office of the Attorney General, during which the adoption of the terms of reference of the Taskforce was identified as a priority.

Regarding the Committee’s previous comments on the pilot inspection project throughout South Tarawa with a focus on places of high risk of child labour, the Committee notes that the MEHR stated, during the April 2023 meeting of the Child Labour Taskforce, that the outcome of this project was the confirmation of the prevalence of children working in the worst forms of child labour, including in hazardous work, and the need for increased capacity and awareness for MEHR, the KPS and MWYSSA. In addition, the MEHR stated they require further resources to commit to inspections, to cover allowances (particularly for night-time inspections) and transport. Moreover, while the Government indicates that consultations and awareness-raising on labour laws for concerned law enforcement bodies are anticipated, especially the KPS, the Committee notes that there have not been any specialized trainings for the labour inspectorate to identify the worst forms of child labour. The Committee once again strongly encourages the Government to take the necessary measures to ensure that the labour inspectors, the KPS and other relevant law enforcement bodies are provided with the appropriate training, sufficient resources and capacities to effectively monitor the worst forms of child labour, including in the informal economy and in areas where there is a high risk of the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms and ensuring their rehabilitation and social integration. Commercial sexual exploitation. Following its previous comments, the Committee notes the Government’s indication that, while the MWYSSA and other relevant ministries provide support to children who are sexually exploited for commercial purposes and have initiated programmes to prevent this phenomenon, the lack of resources (financial and human) is affecting the motivation of the relevant official personnel from undertaking their role in mitigating the issue of child exploitation and child labour. This is further exacerbated by the lack of data implicating the development of measures and appropriate care and assistance to be provided in this case. The Committee once again requests the Government to strengthen its measures to prevent the engagement of children in commercial sexual exploitation, and to remove them from this worst form of child labour as well as to rehabilitate and socially integrate them. In this regard, it strongly encourages the Government to take measures to strengthen the capacities of the officials in charge of providing support to the child victims of commercial sexual exploitation, through the provision of financial, human or any other necessary resources. It requests the Government to provide information on the progress made in this regard and on the results achieved.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 118(h) and (i) of the Employment and Industrial Relations Code, 2015 (EIRC) prohibited the use, procuring or offering of a child for illicit activities and for the production or trafficking of illegal drugs, respectively. The Government indicated that there is little mechanism in place for enforcing section 118(h) and (i) of the EIRC.

The Committee notes the Government’s statement in its written information to the Conference Committee that future trainings and capacity building activities for labour inspectors will ensure the effective enforcement of the provisions of the EIRC. The Committee encourages the Government to take the necessary measures to ensure the effective implementation of section 118(h) and (i) of the EIRC. It requests the Government to provide information on the measures taken in this regard, as well as information on the application in practice of sections 118(h) and (i) of the EIRC.

Clause (d) and Article 4. Hazardous work and determination of types of hazardous work. In its previous comments, the Committee noted that section 117(1) of the EIRC prohibited the employment of children under 18 years of age in hazardous work. The Committee noted that the ILO-IPEC rapid assessment identified potential hazardous activities that many of the children engage in, such as mixing cement, working as a seafarer, selling on the roadside, loading and unloading cargo, working in bars and hotels, and climbing trees for toddy drinks, all for long hours and in unsafe conditions. The Committee also noted from the Kiribati Social Development Indicator Survey carried out in 2018–19 that 14.9 per cent of children performed work under hazardous conditions (19.7 per cent for boys and 9.9 per cent for girls). The Committee further noted the Government’s indication that the Ministry of Employment and Human Resource (MEHR) with the assistance of the ILO and other relevant stakeholders, had developed a list of hazardous work which was under review by the Attorney General’s Office before adoption by the Cabinet.

The Committee notes from the Government’s written information to the Conference Committee that the Regulation on the list of Hazardous Activities prohibited to children under 18 years will soon be finalised. The Committee hopes that the list of hazardous types of work prohibited for children under 18 years of age will be adopted and enforced in the near future, and requests the Government to provide a copy of the list, once adopted. It also requests the Government to provide information on the number of violations detected and penalties imposed with regard to hazardous work performed by children under 18 years of age.

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s statement that there were few mechanisms to enforce the requirement for employers to provide employment registers, and it acknowledged the gaps and limitations in the procedures and actions taken by labour inspectors during their inspections. The Government indicated that discussions were underway with the Kiribati Police Service and the Ministry of Women, Youth, Sports and Social Affairs (MWYSSA) to cooperate in addressing any issues relating to the worst forms of child labour. Recalling the importance of appropriate mechanisms to secure the enforcement of legal provisions on the worst forms of child labour, the Committee encouraged the Government to take the necessary measures to ensure that labour inspectors were provided with sufficient resources and capacity to effectively monitor and eliminate the worst forms of child labour.

The Committee notes from the Government’s written information to the Conference Committee that the MEHR responsible for the implementation of the EIRC have four inspectors. These inspectors have carried out 526 inspections from 2017 to 2020 and have detected violations in 303 enterprises concerning conditions of employment such as hours of work, non-payment of wages and unfair terminations. The Government indicates that labour inspections have not been extended to the private and informal sectors and in sectors identified as places of high risk of child labour, such as fishing vessels, kava bars, street vending, domestic works and night clubs.

The Committee also notes the Government’s information in its report that in August 2021, the labour inspectors initiated a pilot inspection throughout South Tarawa with a focus on places of high risk of child labour and found nine children between 10 and 16 years involved in hazardous work related to street vending and work during late hours. These children were referred to the Kiribati Police Service (KPS) and the MWYSSA for respective actions and follow-ups. The Committee notes that the Government provides a copy of the recently developed check-list which is used for inspections on the worst forms of child labour. Moreover, discussions are underway between the MEHR, Ministry of Finance and Economic Development and the Public Service Office on allocating more resources to labour inspectors, conducting specific trainings to identify the worst forms of child labour and recruiting more staff to assist in monitoring the worst forms of child labour. In addition, the KPS and MWYSSA have initiated discussions on conducting a joint inspection programme to places considered as high risk, after having received the appropriate training and capacity building. The Committee finally notes the Government’s information that following the recommendations of the Committee of the Decent Work Advisory Board (DWAB), a Child Labour Task Force will be created with relevant stakeholders for the effective enforcement of the Convention. The Committee requests the Government to provide information on the establishment of the Child Labour Task Force and its functioning as regards the identification and elimination of the worst forms of child labour. It also strongly encourages the Government to take the necessary measures to ensure that the labour inspectors and the KPS are provided with the appropriate training, sufficient resources and capacity to effectively monitor the worst forms of child labour, including in the informal sector and in areas where there is a high risk of the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard, as well as extracts from reports or documents indicating the extent and nature of the violations reported relating to children and young persons involved in the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted that the penalties established under section 118(2) of the EIRC for the contravention of the prohibition of the worst forms of child labour under section 118(1) relate to a fine of 5,000 dollars or a term of imprisonment of ten years, or both. The Committee recalled that, given the seriousness of the worst forms of child labour and the dissuasive effect that the penalties should have, legislation providing for the possibility of a fine alone cannot be considered effective. 

The Committee notes the Government’s information that the Office of the Attorney General will conduct the necessary consultations with the social partners and the DWAB to ensure that the EIRC is consistent with the Convention. The Committee accordingly expresses the firm hope that the necessary measures will be taken, both in law and in practice, to ensure that sufficiently effective and dissuasive sanctions are imposed on the perpetrators of the worst forms of child labour prohibited under section 118(1) of the EIRC. It requests the Government to provide information on the measures taken in this regard and on the application in practice of section 118(2) of the EIRC, indicating the type of sanctions imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the Education Act No. 12 of 2013 provides for free and compulsory education at the primary and junior secondary school and provides for penalties for its contravention. It also noted that according to the 2018–19 Kiribati Social Development Indicator Survey, the primary school net attendance ratio was 94.8 per cent for boys and 96.9 per cent for girls and the junior secondary school net attendance ratio was 73.2 per cent for boys and 87.7 per cent for girls (pages 257 and 259).

The Committee notes the Government’s information that the Ministry of Education (MoE) through its Policy Planning and Research Development Division has conducted awareness raising on the Education Act in almost all Islands, except Line and Phoenix Islands, which is targeted to be completed by this year. In addition, the MoE developed the Logic Framework for the Education Sector Strategic Plan (ESSP) 2020-2023, with the aim to strategically, and efficiently support the delivery of quality education, to make all schools accessible and well resourced, and to provide access of all school-age children in Kiribati to high quality education. The Committee also notes the information from the 2018 Global Partnership for Education, that the Pacific Islands Education Ministers’ Forum, in which Kiribati participates, adopted the Pacific Regional Education Framework (PacREF) 2018-2030: Moving Towards Education 2030. This framework aims to promote equitable access to high quality education and encourages inclusivity and opportunities for equal access to informal, primary, secondary and tertiary education and training. The Committee further notes that according to the UNESCO estimates the net enrolment rate at the primary level was 96.1 per cent in 2020. Considering that education is key in preventing children from being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education, at the primary and secondary levels for all children. It requests the Government to continue to provide information on the measures taken in this regard as well as its impact, including within the framework of the ESSP and PacREF in improving access to free basic education.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2021. The Committee notes the detailed discussion which took place at the 109th Session of the Conference Committee on the Application of Standards in June 2021, concerning the application by Kiribati of the Convention, as well as the Government’s report.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that section 118(f) of the Employment and Industrial Relations Code, 2015 (EIRC), established penalties for the use, procuring or offering of a child for prostitution. It noted that the ILO-IPEC Rapid assessment study of 2012 identified 33 girls between 10 and 17 years who were engaged in prostitution. This study indicated that 85 per cent of these girls first engaged in prostitution between 10 and 15 years of age and that the most common place for prostitution was on foreign boats. The Committee further noted that the Committee on the Elimination of Discrimination against Women as well as the UN Country Team Fiji (which covers Kiribati) highlighted, in their reports of 2020, the existence of commercial sexual exploitation of children, in particular on foreign fishing vessels. The Committee requested the Government to take the necessary measures to ensure that persons contravening section 118(f) of the EIRC are investigated and prosecuted and to provide information on the number of violations identified as well as on the prosecutions, convictions and penalties applied.

The Committee notes from the Government’s written information to the Conference Committee that the labour inspectors are working with the police department for prosecutions of more serious on-going cases of non-compliance. The Committee also notes the statement made by the Government representative to the Conference Committee that initiatives are underway to improve monitoring of the worst forms of child labour through policy and legislative reforms, better response systems in the form of referral pathways and better coordination with stakeholders. The Committee notes that the Conference Committee urged the Government to effectively investigate and prosecute perpetrators of child prostitution, including through the establishment of formal procedures to proactively identify victims and refer them to protective services.

The Committee notes the observations made by the ITUC that there is a persistent practice of child prostitution and sexual exploitation of girls among vulnerable populations. However, there are no reported cases which points to the severe shortcomings in the enforcement of the legislation, programmes and institutional measures.

The Committee notes the Government’s information in its report that currently there are no prosecutions of perpetrators of child prostitution with the Kiribati Police Service (KPS). The Government indicates that the KPS through the Domestic Violence, Child Protection and Sexual offence Unit (DCSU) provides protective measures to children at risk and support in prosecuting perpetrators involved in the worst forms of child labour. The Committee further notes the Government’s statement referring to the need to (i) establish a well-coordinated approach towards the worst forms of child labour; (ii) the revision of legislative and policy measures; and (iii) to provide special training and capacity building of the labour inspectors and law enforcement bodies to attain a more successful result in prosecution. The Committee encourages the Government to take the necessary measures to strengthen the capacities of the law enforcement bodies in order to better identify, investigate and prosecute perpetrators of the offences related to the use, procuring or offering of children under 18 years for prostitution. It requests the Government to continue providing information on the measures taken in this regard as well as information on the application in practice of section 118(f) of the EIRC, including the investigations, prosecutions and penalties applied.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms of child labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation. The Committee previously noted that the Kiribati Community Police patrol carried out rounds during the night to prevent and remove child victims of commercial sexual exploitation. It also noted that the Ministry of Women, Youth, Sports and Social Affairs (MWYSSA) and the Ministry of Health and Medical Services established new divisions responsible for providing counselling and guidance in resolving problems, including for cases of the worst forms of child labour. It further noted that the MWYSSA conducted awareness-raising activities among owners and members of kava bars who employ underage girls to work at night and also provided advice and counselling to these children and empowered them to integrate into the community, including through education and awareness-raising.

The Committee notes the Government’s information that the Social Welfare Officers (SWO) are mandated to ensure the safety, welfare and well-being of children under 18 years of age pursuant to the provisions of the Children, Young People and Family Welfare Act of 2013. Accordingly, a Child Protection Referral Pathway (CPRP) which comprises the related ministries, the KPS, NGOs and communities has been established to report and refer cases of exploitation of children and provide protection and assistance to child victims. For any reports received concerning the exploitation of children, the SWO takes immediate measures to withdraw children from such situation and send them to their parents and monitor the case. The Government also indicates that it has initiated a toll-free number to report on activities considered to be the worst forms of child labour. The MWYSSA, the Ministry of Employment and Human Resource and the Ministry of Education conduct awareness raising programmes at schools on the worst forms of child labour. While noting the measures taken by the Government, the Committee requests the Government to strengthen its measures to prevent the engagement of children in commercial sexual exploitation, and to remove them from this worst form of child labour as well as to rehabilitate and socially integrate them. It requests the Government to provide information on the measures taken in this regard, as well as on the number of children under 18 years of age who have been removed from commercial sexual exploitation and provided with appropriate care and assistance.

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

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

The Committee notes with interest that the Employment and Industrial Relations Code 2015 (EIRC) entered into force on 1 November 2016. It further notes the Employment and Industrial Relations Code (Amendment) Act 2017.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for pornography or pornographic performances. The Committee previously noted that section 118(g) of the Employment and Industrial Relations Code 2015 (EIRC) prohibited the use, procuring or offering of a child for the production of pornography or for pornographic performances. It requested the Government to provide information on the application in practice of this section, once the EIRC entered into force.

The Government indicates in its report that there have been no reported cases relating to section 118(g) of the EIRC, which entered into force on 1 November 2016.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that sections 118(h) and (i) of the EIRC prohibited the use, procuring or offering of a child for illicit activities and for the production or trafficking of illegal drugs, respectively. It requested the Government to provide information on the practical application of these sections, once the EIRC entered into force.

The Government indicates that there is little mechanism in place for enforcing sections 118(h) and (i) of the EIRC. The Committee requests the Government to take the necessary measures to ensure that sections 118(h) and (i) of the EIRC are effectively enforced, and to provide information on their application in practice.

Clause (d) and Article 4. Hazardous work and determination of types of hazardous work. In its previous comments, the Committee noted that cases of children engaged in hazardous work had been reported, in activities such as stevedoring, loading and unloading of cargo ships, and some hazardous fishery work. It also noted that under the Minimum Age Convention, 1973 (No. 138), section 117(1) of the EIRC prohibited the employment of children under 18 years of age in hazardous work and that a draft list of hazardous work was under review by the Ministry of Employment and Human Resource (MEHR). The Committee requested the Government to continue to provide information on the progress made in this regard.

The Government indicates in its report under Convention No. 138, that the MEHR, with the assistance of the ILO and other relevant stakeholders, has developed a list of hazardous work which is currently under review by the Attorney General’s Office before adoption by the Cabinet.

The Committee takes note of the rapid assessment conducted in Tarawa in 2012 with the ILO–IPEC through its TACKLE programme in Fiji, and annexed to the Government’s report, which identified 28 children (mostly boys) performing activities such as selling goods on the street, working in mechanical garages or boat sheds, and mixing cement. Most of these 28 children started working between 15 and 17 years of age; more than one third stated that they had some work-related injuries. The survey identified potential hazardous activities that many of the children engage in, such as mixing cement, working as a seafarer, selling on the roadside, loading and unloading cargo, working in bars and hotels, and climbing trees for toddy drinks, all for long hours and in unsafe conditions (pages 8–10 and 38–52).

The Committee also notes that the Kiribati Social Development Indicator Survey (KSDIS), carried out in 2018–19 by the Kiribati National Statistics Office in collaboration with the Ministry of Health and other government ministries, indicated that 14.9 per cent of children performed work under hazardous conditions (19.7 per cent for boys and 9.9 per cent for girls). The Committee trusts that the list of hazardous types of work prohibited for children under 18 years of age will be adopted and enforced in the near future, and requests the Government to provide a copy of the list, once adopted. It also requests the Government to provide information on the number of violations detected and penalties imposed with regard to hazardous work performed by children under 18 years of age.

Article 5. Monitoring mechanisms. The Committee previously noted that the MEHR, primarily responsible for eliminating the worst forms of child labour, had not carried out any labour inspection to specifically monitor and eliminate child labour issues due to the lack of specialists available, and because it exclusively deals with the establishment of employment contracts and inspection of employment registers. It requested the Government to take measures to effectively monitor and eliminate the worst forms of child labour.

The Government indicates that during their inspections, labour inspectors ensure that staff lists are provided by the employer along with the job description, to ensure that children under the age of 18 years do not work in hazardous environments. However, the Government states that there are few mechanisms to enforce the requirement for employers to provide employment registers, and acknowledges the gaps and limitations in the procedures and actions taken by labour inspectors during their inspections.

The Government plans to incorporate employment conditions into business registration and licensing procedures, to ensure that businesses are aware of their obligations under the law, including the prohibition of the worst forms of child labour. It further states that it is currently in discussion with the Kiribati Police Service and the Ministry of Women, Youth, Sports and Social Affairs to cooperate in addressing any issues relating to the worst forms of child labour. The Government will consider initiating inspections in areas where there is a high risk of the worst forms of child labour, such as kava bars and nightclubs.

The Committee wishes to recall the importance of appropriate mechanisms to secure the enforcement of legal provisions on the worst forms of child labour. The Committee therefore encourages the Government to take the necessary measures to ensure that labour inspectors are provided with sufficient resources and capacity to effectively monitor and eliminate the worst forms of child labour. It requests the Government to provide information in this regard. It also requests the Government to provide information on the progress made with regard to the collaboration with the Kiribati Police Service and the Ministry of Women, Youth, Sports and Social Affairs to monitor the worst forms of child labour.

Article 7(1). Penalties. The Committee notes that section 118(1) of the EIRC on the prohibition of the worst forms of child labour other than hazardous work, as amended in 2017, prohibits: all forms of slavery or practices similar to slavery; the sale or trafficking of children domestically and internationally; debt bondage and serfdom; forced or compulsory labour; compulsory recruitment of children for use in armed conflict; the use, procuring or offering of a child for prostitution and for the production of pornography or for pornographic performances, the distribution and possession of child pornography and the financial gain from the use of children in prostitution; and the use, procuring or offering of a child for illicit activities and for the production or trafficking of illegal drugs. Section 118(2) provides that any person who contravenes section 118(1) shall be liable to a fine of $5,000 or a term of imprisonment of ten years, or both. The Committee wishes to recall that, given the seriousness of the worst forms of child labour and the dissuasive effect that the penalties should have, legislation providing for the possibility of a fine alone cannot be considered effective. The Committee accordingly requests the Government to ensure that sufficiently effective and dissuasive sanctions of imprisonment and not just fines are applied in practice for the worst forms of child labour prohibited under section 118(1) of the EIRC. It also requests the Government to provide information in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that secondary school fees and other costs were considered expensive and that some children were out of school because of the costs. It noted the adoption of the Education Act No. 12 of 2013. It requested the Government to provide information on the measures taken to improve the education system and facilitate access to free basic education.

The Government indicates that there is no information on the measures that have been taken in this regard and acknowledges the high costs associated with education.

The Committee notes that, according to the 2018–19 Kiribati Social Development Indicator Survey, the primary school net attendance ratio was 95.8 per cent (94.8 per cent for boys and 96.9 per cent for girls) and the junior secondary school net attendance ratio was 73.2 per cent for boys and 87.7 per cent for girls (pages 257 and 259). It further notes the Government’s statement, in its report to the Committee on the Rights of the Child of March 2020, that the Government allocates a large part of its annual budget to the Ministry of Education, and that the Kiribati Education Improvement Programme (KEIP) aims to improve education, teaching systems and infrastructure, for example through free resources such as textbooks (CRC/C/KIR/2-4, paragraph 19). Furthermore, the Government indicates in its report to the Human Rights Council of November 2019 for the Universal Periodic Review that it has developed a National Education Policy Framework in 2017 which provides for a comprehensive guide for education in Kiribati, in order to ensure access to inclusive and quality education, to implement the Education Act and to monitor its implementation. The Government has also adopted an Inclusive Education Policy in 2015. Free transport is provided to all outer islands and the Ministry of Education is in the process of acquiring more school buses (A/HRC/WG.6/35/KIR/1, paragraphs 111, 113 and 114). Taking due note of the measures taken, the Committee encourages the Government to pursue its efforts to facilitate access to basic education free of charge, at the primary and secondary levels for all children, with special attention to boys, and to provide information in this regard. It also requests the Government to indicate the impact of the above-mentioned KEIP, National Education Policy Framework and Inclusive Education Policy in improving access to free basic education.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that section 118(f) of the Employment and Industrial Relations Code, 2015 (EIRC), prohibited the use, procuring or offering of a child for prostitution, and established a penalty of a fine of $5,000 or a term of imprisonment of ten years, or both, for any person contravening this provision. The Committee accordingly requested the Government to provide information on the application in practice of section 118(f) of the EIRC once it has entered into force.

The Government indicates in its report that no cases or convictions relating to section 118(f) of the EIRC have been reported. The Committee notes that the rapid assessment conducted in Tarawa in 2012 with the ILO–IPEC through its TACKLE programme in Fiji, annexed to the Government’s report, identified 33 children engaged in prostitution, all of them girls between 10 and 17 years of age. This study indicated that 85 per cent of these girls first engaged in prostitution between 10 and 15 years of age and that the most common place for prostitution was on foreign boats (pages 8–9 and 18–37).

The Committee further notes that the Government stated, in its report to the Committee on the Rights of the Child of March 2020, that children are victims of commercial sexual exploitation, although cases tend to go unreported because girls are considered not to be forced and the community at large does not have a clear understanding that this is illegal and dangerous (CRC/C/KIR/2-4, paragraph 193).

The Committee also notes that the Committee on the Elimination of Discrimination against Women as well as the UN Country Team Fiji (which covers Kiribati) highlighted, in their reports of 2020, the existence of commercial sexual exploitation of children, in particular on foreign fishing vessels (CEDAW/C/KIR/CO/1-3, paragraph 31 and Joint Submission of the UN Country Team Fiji for the Universal Periodic Review, paragraph 40). The Committee requests the Government to take the necessary measures to ensure that persons contravening section 118(f) of the EIRC are investigated and prosecuted. It requests the Government to supply information on the number of violations identified under section 118(f) of the EIRC, the persons prosecuted and convicted, and the penalties imposed.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms of child labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation. The Committee previously noted that the Kiribati Community Police patrol carried out rounds during the night to keep children off the streets in order to prevent and remove child victims of commercial sexual exploitation. The Government stated that the Ministry of Women, Youth, Sports and Social Affairs (MWYSSA) and the Ministry of Health and Medical Services had established new divisions responsible for providing counselling and guidance in resolving problems, including for cases of worst forms of child labour. The Committee requested the Government to strengthen its efforts to prevent the commercial sexual exploitation of children in the country and to provide information on the measures taken to remove children from this worst form of child labour.

The Government indicates that the MWYSSA conducted awareness-raising activities among owners and members of kava bars who employ underage girls to work at night and that the number of girls working in these premises has consequently decreased. The MWYSSA also provides advice and counselling to these children and empowers them to integrate into the community, including through education and awareness-raising on the risks of alcohol. The Committee requests the Government to continue to take measures to prevent the engagement of children in commercial sexual exploitation. It also requests the Government to take the necessary steps to remove children from this worst form of child labour as well as to rehabilitate and socially integrate them. It requests the Government to provide information in this regard, as well as on the number of children under 18 years of age who have actually been removed from commercial sexual exploitation and provided with appropriate care and assistance.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

The Committee notes with interest that the Employment and Industrial Relations Code 2015 (EIRC) was passed but that its implementation date has not yet been specified. The Committee firmly hopes that the Government will take the necessary measures to ensure that the EIRC enters into force in the very near future. Please provide information on any development achieved in this regard.

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. In its previous comments, the Committee noted that section 43 of the Measures to Combat Terrorism and Transnational Organized Crime Act makes it an offence to intentionally engage in trafficking a person who is a child (defined as a person under 18) or to be involved in the arranging of trafficking a person who is a child. Upon conviction, perpetrators are liable to imprisonment for 20 years. The Committee requested the Government to provide information on the application in practice of section 43, including the number of investigations, prosecutions, convictions and the specific penalties applied. The Committee notes the indication of the Government, in its report, that child trafficking is not a significant problem in the country, and that the enforcement authorities confirmed that there have been no reported cases with respect to child trafficking.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Prostitution. The Committee previously noted the Government’s statement that the Penal Code contains several offences relating to sexual acts with children, with different requirements in certain circumstances depending on the sex of the child. However, it observed that there was no general prohibition of the use, procuring and offering of all children under 18 for the purpose of prostitution, but noted that the draft Employment and Industrial Relations Act contains provisions in this regard.

The Committee notes the Government’s indication that under section 118(f) of the EIRC, the engagement of any child in the use, procuring or offering of a child for prostitution is prohibited and punished by a $5,000 fine or a term of imprisonment of up to ten years, or both. The Committee requests the Government to provide information on the application in practice of section 118(f) of the EIRC once it has entered into force, including by providing detailed information on the number of cases, prosecutions and convictions imposed.

Pornography. The Committee noted the absence of any legislative provisions relating to the involvement of children in pornography. It notes the Government’s indication that section 118(g) of the EIRC now prohibits the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee requests the Government to provide information on the application in practice of section 118(g) of the EIRC once it has entered into force, including by providing detailed information on the number of cases, prosecutions and convictions imposed.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted the absence of any legislative provisions relating to the involvement of children in illicit activities, beyond the general provisions for adults. The Committee notes that section 118(h) of the EIRC prohibits the use, procuring or offering of a child for illicit activities and that section 118(i) prohibits the use, procuring or offering of a child for the production or trafficking of illegal drugs. The Committee requests the Government to provide information on the application in practice of section 118(h) and (i) of the EIRC once it has entered into force, including by providing detailed information on the number of cases, prosecutions and convictions imposed.

Article 4(1). Determination of types of hazardous work. With regard to the adoption of a list determining the types of hazardous work prohibited for persons under 18 years of age, the Committee refers the Government to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s indication that the Ministry of Labour and Human Resource Development (MLHRD), primarily responsible for eliminating the worst forms of child labour in Kiribati, has not carried out any labour inspection to specifically monitor and eliminate child labour issues due to the lack of specialists available. The Government further indicates that because of the isolation of some islands to the mainland, the MLHRD is planning to decentralize its labour inspection services to outer islands by involving and mandating the Island Councils’ officials to look after employment conditions and in particular children who are engaged in commercial sex and hazardous work. The Committee notes that the labour inspection generally carried out by the Assistant Commissioners of Labour does not monitor or work towards the elimination of the worst forms of child labour as it exclusively deals with the establishment of employment contracts and inspection of employment registers. The Committee recalls that according to Article 5 of the Convention, member States shall, after consultation with employers’ and workers’ organizations, establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. Such monitoring mechanisms are essential for the effective translation of the relevant legislation into practice. Therefore, the Committee requests the Government to take measures to provide training to the labour inspectorate and other relevant monitoring bodies in order to effectively monitor and eliminate the worst forms of child labour. Please provide information on any development achieved or envisaged in this regard. Further, the Committee requests the Government to provide information on the progress made with respect to the decentralization of labour inspection services to detect and eliminate the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the MLHRD was considering an improved option for technical vocational education and training for younger students to reduce drop-out rates. The Government indicated that increasing the number of children in education would reduce the risk of engagement in the worst forms of child labour. In this regard, the Committee noted that secondary school fees and other costs are considered expensive given the average income level in the country, and that concern was raised about the number of children who are out of school because their families are unable to meet school-related costs for all of their children.

The Committee notes the adoption of Education Act No. 12 of 2013 but observes that the Government has not provided any information regarding measures taken to improve the education system or facilitate access to free basic education. Recalling, once again, that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take the necessary measures to improve the functioning of the education system and to facilitate access to free basic education. It also requests the Government to provide information on the concrete measures taken in this regard, as well as the results achieved, particularly with respect to increasing enrolment rates and decreasing the number of out-of-school children.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation. The Committee noted the Government’s statement that there are instances of child sexual exploitation involving girls going onto fishing boats in ports, and at kava bars and that it had taken measures to prevent underage girls from going onto fishing vessels in Kiribati ports to provide sexual services. Specifically, the Ministry of Fisheries has attempted to prohibit this practice through licensing conditions and the police have attempted to restrain girls from getting onto fishing boats. The Government stated that these measures have had some impact on reducing the number of girls exploited in this manner, but that this practice still continues.

The Committee notes the Government’s indication that the Kiribati Community Police patrol routinely carries out rounds during the night to keep children off the streets and take them back to their families. It states that these patrols constitute a rapid response to commercial sexual exploitation and that it also has a deterrent effect. The Government further indicates that the Ministry of Women, Youth and Social Affairs and the Ministry of Health and Medical Services have recently established new divisions responsible for providing counselling and guidance in resolving personal or psychological problems, including for cases of worst forms of child labour. While taking due note of this information, the Committee requests the Government to strengthen its efforts to prevent the commercial sexual exploitation of children in the country, and to continue to provide information on the specific measures taken in this regard. It further requests the Government to provide information on the measures taken to remove children from this worst form of child labour. Please also provide information on any activities undertaken by the Ministry of Women, Youth and Social Affairs and the Ministry of Health and Medical Services in the delivery of appropriate services for the rehabilitation and social reintegration of victims of this worst form of child labour.

Application of the Convention in practice. The Committee previously noted that a child labour survey and report are under preparation, documenting certain cases of child labour, including some of its worst forms to allow the Government to become more aware of the current child labour situation. The Government indicated that, aside from instances of commercial sexual exploitation of children on fishing boats in ports or at kava bars, the worst forms of child labour are not considered to be a significant problem in the country. However, there have been reports of children being engaged in hazardous work, on the outer islands and in Betio, in work such as stevedoring, loading and unloading of cargo ships, and some hazardous fisheries work.

The Committee notes the Government’s indication that the MLHRD does not have a system in place to keep records of information concerning the worst forms of child labour. The Committee therefore requests once again the Government to take the necessary measures to combat and eliminate the worst forms of child labour identified in the country. Noting the absence of information provided in this regard, the Committee urges the Government to pursue it efforts to ensure that sufficient up-to-date information on the prevalence of the worst forms of child labour in the country is made available, disaggregated by sex and age, particularly with regard to child commercial sexual exploitation and hazardous work and to provide information in this respect.

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

The Committee notes with interest that the Employment and Industrial Relations Code 2015 (EIRC) was passed but that its implementation date has not yet been specified. The Committee firmly hopes that the Government will take the necessary measures to ensure that the EIRC enters into force in the very near future. Please provide information on any development achieved in this regard.

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. In its previous comments, the Committee noted that section 43 of the Measures to Combat Terrorism and Transnational Organized Crime Act makes it an offence to intentionally engage in trafficking a person who is a child (defined as a person under 18) or to be involved in the arranging of trafficking a person who is a child. Upon conviction, perpetrators are liable to imprisonment for 20 years. The Committee requested the Government to provide information on the application in practice of section 43, including the number of investigations, prosecutions, convictions and the specific penalties applied. The Committee notes the indication of the Government, in its report, that child trafficking is not a significant problem in the country, and that the enforcement authorities confirmed that there have been no reported cases with respect to child trafficking.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Prostitution. The Committee previously noted the Government’s statement that the Penal Code contains several offences relating to sexual acts with children, with different requirements in certain circumstances depending on the sex of the child. However, it observed that there was no general prohibition of the use, procuring and offering of all children under 18 for the purpose of prostitution, but noted that the draft Employment and Industrial Relations Act contains provisions in this regard.

The Committee notes the Government’s indication that under section 118(f) of the EIRC, the engagement of any child in the use, procuring or offering of a child for prostitution is prohibited and punished by a $5,000 fine or a term of imprisonment of up to ten years, or both. The Committee requests the Government to provide information on the application in practice of section 118(f) of the EIRC once it has entered into force, including by providing detailed information on the number of cases, prosecutions and convictions imposed.

Pornography. The Committee noted the absence of any legislative provisions relating to the involvement of children in pornography. It notes the Government’s indication that section 118(g) of the EIRC now prohibits the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee requests the Government to provide information on the application in practice of section 118(g) of the EIRC once it has entered into force, including by providing detailed information on the number of cases, prosecutions and convictions imposed.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted the absence of any legislative provisions relating to the involvement of children in illicit activities, beyond the general provisions for adults. The Committee notes that section 118(h) of the EIRC prohibits the use, procuring or offering of a child for illicit activities and that section 118(i) prohibits the use, procuring or offering of a child for the production or trafficking of illegal drugs.  The Committee requests the Government to provide information on the application in practice of section 118(h) and (i) of the EIRC once it has entered into force, including by providing detailed information on the number of cases, prosecutions and convictions imposed.

Article 4(1). Determination of types of hazardous work. With regard to the adoption of a list determining the types of hazardous work prohibited for persons under 18 years of age, the Committee refers the Government to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s indication that the Ministry of Labour and Human Resource Development (MLHRD), primarily responsible for eliminating the worst forms of child labour in Kiribati, has not carried out any labour inspection to specifically monitor and eliminate child labour issues due to the lack of specialists available. The Government further indicates that because of the isolation of some islands to the mainland, the MLHRD is planning to decentralize its labour inspection services to outer islands by involving and mandating the Island Councils’ officials to look after employment conditions and in particular children who are engaged in commercial sex and hazardous work. The Committee notes that the labour inspection generally carried out by the Assistant Commissioners of Labour does not monitor or work towards the elimination of the worst forms of child labour as it exclusively deals with the establishment of employment contracts and inspection of employment registers. The Committee recalls that according to Article 5 of the Convention, member States shall, after consultation with employers’ and workers’ organizations, establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. Such monitoring mechanisms are essential for the effective translation of the relevant legislation into practice. Therefore, the Committee requests the Government to take measures to provide training to the labour inspectorate and other relevant monitoring bodies in order to effectively monitor and eliminate the worst forms of child labour. Please provide information on any development achieved or envisaged in this regard. Further, the Committee requests the Government to provide information on the progress made with respect to the decentralization of labour inspection services to detect and eliminate the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the MLHRD was considering an improved option for technical vocational education and training for younger students to reduce drop-out rates. The Government indicated that increasing the number of children in education would reduce the risk of engagement in the worst forms of child labour. In this regard, the Committee noted that secondary school fees and other costs are considered expensive given the average income level in the country, and that concern was raised about the number of children who are out of school because their families are unable to meet school-related costs for all of their children.

The Committee notes the adoption of Education Act No. 12 of 2013 but observes that the Government has not provided any information regarding measures taken to improve the education system or facilitate access to free basic education. Recalling, once again, that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take the necessary measures to improve the functioning of the education system and to facilitate access to free basic education. It also requests the Government to provide information on the concrete measures taken in this regard, as well as the results achieved, particularly with respect to increasing enrolment rates and decreasing the number of out-of-school children.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation. The Committee noted the Government’s statement that there are instances of child sexual exploitation involving girls going onto fishing boats in ports, and at kava bars and that it had taken measures to prevent underage girls from going onto fishing vessels in Kiribati ports to provide sexual services. Specifically, the Ministry of Fisheries has attempted to prohibit this practice through licensing conditions and the police have attempted to restrain girls from getting onto fishing boats. The Government stated that these measures have had some impact on reducing the number of girls exploited in this manner, but that this practice still continues.

The Committee notes the Government’s indication that the Kiribati Community Police patrol routinely carries out rounds during the night to keep children off the streets and take them back to their families. It states that these patrols constitute a rapid response to commercial sexual exploitation and that it also has a deterrent effect. The Government further indicates that the Ministry of Women, Youth and Social Affairs and the Ministry of Health and Medical Services have recently established new divisions responsible for providing counselling and guidance in resolving personal or psychological problems, including for cases of worst forms of child labour.  While taking due note of this information, the Committee requests the Government to strengthen its efforts to prevent the commercial sexual exploitation of children in the country, and to continue to provide information on the specific measures taken in this regard. It further requests the Government to provide information on the measures taken to remove children from this worst form of child labour. Please also provide information on any activities undertaken by the Ministry of Women, Youth and Social Affairs and the Ministry of Health and Medical Services in the delivery of appropriate services for the rehabilitation and social reintegration of victims of this worst form of child labour.

Application of the Convention in practice. The Committee previously noted that a child labour survey and report are under preparation, documenting certain cases of child labour, including some of its worst forms to allow the Government to become more aware of the current child labour situation. The Government indicated that, aside from instances of commercial sexual exploitation of children on fishing boats in ports or at kava bars, the worst forms of child labour are not considered to be a significant problem in the country. However, there have been reports of children being engaged in hazardous work, on the outer islands and in Betio, in work such as stevedoring, loading and unloading of cargo ships, and some hazardous fisheries work.

The Committee notes the Government’s indication that the MLHRD does not have a system in place to keep records of information concerning the worst forms of child labour.  The Committee therefore requests once again the Government to take the necessary measures to combat and eliminate the worst forms of child labour identified in the country. Noting the absence of information provided in this regard, the Committee urges the Government to pursue it efforts to ensure that sufficient up-to-date information on the prevalence of the worst forms of child labour in the country is made available, disaggregated by sex and age, particularly with regard to child commercial sexual exploitation and hazardous work and to provide information in this respect.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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 notes that section 43 of the Measures to Combat Terrorism and Transnational Organized Crime Act makes it an offence to intentionally engage in trafficking a person who is a child (defined as a person under 18) or to be involved in the arranging of trafficking a person who is a child. Upon conviction, perpetrators are liable to imprisonment for 20 years. The Committee requests the Government to provide information on the application in practice of section 43 of the Measures to Combat Terrorism and Transnational Organized Crime Act, related to the trafficking of a child under 18 years of age, including the number of investigations, prosecutions, convictions and the specific penalties applied.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Prostitution. The Committee notes the Government’s statement that the Penal Code contains several offences relating to sexual acts with children, with different requirements in certain circumstances depending on the sex of the child. In this regard, the Committee notes that section 136 of the Penal Code prohibits procuring, or attempting to procure, any woman or girl to become a prostitute. Section 145 prohibits a male person from living off the earnings of prostitution and section 146 prohibits a woman from aiding, abetting or compelling the prostitution of another person. Section 141 prohibits a parent or person caring for a person under 15 from letting the child for hire for the purpose of prostitution, while section 142 prohibits hiring or otherwise obtaining possession of any minor under 15 for employment or use for the purpose of prostitution. The Committee therefore observes that there does not appear to be a general prohibition of the use, procuring and offering of all children under 18 for the purpose of prostitution, but notes that the draft Employment and Industrial Relations Act contains provisions in this regard.

Referring to paragraphs 506–507 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that the Convention applies to all children under 18, and equally to boys and girls, and that legislation should provide protection to children of both sexes against commercial sexual exploitation. The Committee accordingly urges the Government to take immediate measures to ensure that the use, procuring or offering of both boys and girls under 18 years of age for the purpose of prostitution is prohibited, including through the adoption of the Employment and Industrial Relations Act.

Pornography. The Committee notes the Government’s statement that there are currently no legislative provisions relating to the involvement of children in pornography. However, the Committee notes that section 13(g) of the draft Employment and Industrial Relations Act prohibits the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances. The Committee therefore requests the Government to take the necessary measures to ensure that legislation prohibiting the use, procuring or offering of persons under 18 years of age for the production of pornography or of pornographic performances is adopted, including through the adoption of the draft Employment and Industrial Relations Act.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement that there are currently no legislative provisions relating to the involvement of children in illicit activities, beyond the general provisions for adults. However, it notes that the draft Employment and Industrial Relations Act, if adopted, would prohibit the use, procuring or offering of a child for illicit activities (pursuant to section 132(h) of this draft). The Committee urges the Government to take the necessary measures to ensure the adoption of the provisions in the draft Employment and Industrial Relations Act relating to the use, procuring or offering of a child for illicit activities. It requests the Government to provide a copy of the Act, once adopted.

Article 4(1). Determination of types of hazardous work. The Committee notes that, pursuant to section 87(2) of the Employment Ordinance, as amended in 2008, the Minister shall, in consultation with any relevant organizations of employers and workers and the Government’s advisory committee on children, specify by notice occupations or activities which, in the opinion of the Minister, are likely to jeopardize the health, safety, education, morals or development of persons under 18. The Government indicates that, in this regard, the ILO facilitated workshops on Conventions Nos 138 and 182 in 2009 and 2011, with tripartite constituents, during which a draft list of hazardous types of work was developed and approved. This list awaits approval by the Decent Work Agenda Steering Committee (DWASC). The Government hopes that this approval will be received in the near future, after which a Ministerial Order will be issued. Once approved, the Government indicates that the DWASC will be the responsible body for the periodic review of the list of types of hazardous work. The Committee requests the Government to pursue its efforts to ensure the adoption of a list determining the types of hazardous work prohibited for persons under 18 years in the near future. It requests the Government to provide a copy of the list, once adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the Ministry of Labour and Human Resource Development is primarily responsible for eliminating the worst forms of child labour in Kiribati. This Ministry works in cooperation with related ministries and bodies to implement the Convention. The Committee requests the Government to provide information on the specific measures taken by the Ministry of Labour and Human Resource Development to effectively monitor and eliminate the worst forms of child labour, as well as any activities undertaken in this regard by the labour inspectorate, the Kiribati National Police and the Coast Guard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s statement that the Ministry of Labour and Human Resource Development is currently considering an improved option for technical vocational education and training for younger students to reduce drop-out rates. The Government indicates that increasing the number of children in education would reduce the risk of engagement in the worst forms of child labour. In this regard, the Committee notes the Government’s statement in its report of 7 December 2005 to the Committee on the Rights of the Child (CRC) that secondary school fees and other costs are considered expensive given the average income level in the country, and that concern has been raised about the number of children who are out of school because their families are unable to meet school-related costs for all of their children (CRC/C/KIR/1, paragraph 152). In this regard, the Committee notes that the CRC expressed concern that the quality of education available to students is decreasing, the access to adequate educational facilities for children in remote areas remains limited, and the cost of education is often prohibitive (29 September 2006, CRC/C/KIR/CO/1, paragraph 56). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take the necessary measures to improve the functioning of the education system and to facilitate access to free basic education. It requests the Government to provide information on the concrete measures taken in this regard, as well as the results achieved, particularly with respect to increasing enrolment rates and decreasing the number of out-of-school children.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation. The Committee notes the Government’s statement that there are instances of child sexual exploitation involving girls going onto fishing boats in ports, and at Kava bars. The Government indicates that it has taken measures to prevent underage girls from going onto fishing vessels in Kiribati ports to provide sexual services. Specifically, the Ministry of Fisheries has attempted to prohibit this practice through licensing conditions and the police have attempted to restrain girls from getting onto fishing boats. The Government states that these measures have had some impact on reducing the number of girls exploited in this manner, but that this practice still continues. The Committee urges the Government to strengthen its efforts to prevent the commercial sexual exploitation of children in the country, and to continue to provide information on the specific measures taken in this regard. It also requests the Government to provide information on the measures taken to remove children from this worst form of child labour, and to provide appropriate services for their rehabilitation and social reintegration.

Application of the Convention in practice. The Committee notes the Government’s statement that there are no court decisions concerning the application of provisions of the Employment Ordinance or the Penal Code related to the worst forms of child labour. The Government indicates that a child labour survey and report are under preparation, which has documented certain cases of child labour, including some of its worst forms. The release of this study will allow the Government to become more aware of the current child labour situation. The Government indicates that, aside from instances of commercial sexual exploitation of children on fishing boats in ports or at Kava bars, the worst forms of child labour are not considered to be a significant problem in the country. However, the Government also states that there have been reports of children being engaged in hazardous work, on the outer islands and in Betio, in work such as stevedoring, loading and unloading of cargo ships, and some hazardous fisheries work. The Committee therefore requests the Government to take the necessary measures to combat and eliminate the worst forms of child labour identified in the country. It urges the Government to pursue it efforts to ensure that sufficient up-to-date information on the prevalence of the worst forms of child labour in the country is made available, particularly with regard to child commercial sexual exploitation and hazardous work. It requests the Government to provide this information as well as any additional available information on the nature, extent and trends of the worst forms of child labour, and the number of children protected by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 43 of the Measures to Combat Terrorism and Transnational Organized Crime Act makes it an offence to intentionally engage in trafficking a person who is a child (defined as a person under 18) or to be involved in the arranging of trafficking a person who is a child. Upon conviction, perpetrators are liable to imprisonment for 20 years. The Committee requests the Government to provide information on the application in practice of section 43 of the Measures to Combat Terrorism and Transnational Organized Crime Act, related to the trafficking of a child under 18 years of age, including the number of investigations, prosecutions, convictions and the specific penalties applied.

2. Forced labour. The Committee notes that article 6 of the Constitution prohibits slavery, servitude, and forced or compulsory labour. It also notes that section 75 of the Employment Ordinance, as amended in 2008, states that any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of $250,000 and to life imprisonment.

3. Forced recruitment of children for use in armed conflict. The Committee notes that Kiribati does not maintain a national army. Article 126 of the Constitution prevents the Government from maintaining any disciplined forces other than the Kiribati police, the prison service, the marine protection service and the marine training school.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes the Government’s statement that the Penal Code contains several offences relating to sexual acts with children, with different requirements in certain circumstances depending on the sex of the child. In this regard, the Committee notes that section 136 of the Penal Code prohibits procuring, or attempting to procure, any woman or girl to become a prostitute. Section 145 prohibits a male person from living off the earnings of prostitution and section 146 prohibits a woman from aiding, abetting or compelling the prostitution of another person. Section 141 prohibits a parent or person caring for a person under 15 from letting the child for hire for the purpose of prostitution, while section 142 prohibits hiring or otherwise obtaining possession of any minor under 15 for employment or use for the purpose of prostitution. The Committee therefore observes that there does not appear to be a general prohibition of the use, procuring and offering of all children under 18 for the purpose of prostitution, but notes that the draft Employment and Industrial Relations Act contains provisions in this regard.

Referring to paragraphs 506–507 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that the Convention applies to all children under 18, and equally to boys and girls, and that legislation should provide protection to children of both sexes against commercial sexual exploitation. The Committee accordingly urges the Government to take immediate measures to ensure that the use, procuring or offering of both boys and girls under 18 years of age for the purpose of prostitution is prohibited, including through the adoption of the Employment and Industrial Relations Act.

2. Pornography. The Committee notes the Government’s statement that there are currently no legislative provisions relating to the involvement of children in pornography. However, the Committee notes that section 13(g) of the draft Employment and Industrial Relations Act prohibits the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances. The Committee therefore requests the Government to take the necessary measures to ensure that legislation prohibiting the use, procuring or offering of persons under 18 years of age for the production of pornography or of pornographic performances is adopted, including through the adoption of the draft Employment and Industrial Relations Act.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement that there are currently no legislative provisions relating to the involvement of children in illicit activities, beyond the general provisions for adults. However, it notes that the draft Employment and Industrial Relations Act, if adopted, would prohibit the use, procuring or offering of a child for illicit activities (pursuant to section 132(h) of this draft). The Committee urges the Government to take the necessary measures to ensure the adoption of the provisions in the draft Employment and Industrial Relations Act relating to the use, procuring or offering of a child for illicit activities. It requests the Government to provide a copy of the Act, once adopted.

Clause (d). Hazardous work. The Committee notes the Government’s reference to the Employment Ordinance, as amended in 2008. Section 84 of the Ordinance prohibits work for children under 14, and section 87(1) prohibits children between the ages of 14 and 18 years from performing work, or being employed in any occupation or activity, which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, education, morals or development of such a person.

Article 4(1). Determination of types of hazardous work. The Committee notes that, pursuant to section 87(2) of the Employment Ordinance, as amended in 2008, the Minister shall, in consultation with any relevant organizations of employers and workers and the Government’s advisory committee on children, specify by notice occupations or activities which, in the opinion of the Minister, are likely to jeopardize the health, safety, education, morals or development of persons under 18. The Government indicates that, in this regard, the ILO facilitated workshops on Conventions Nos 138 and 182 in 2009 and 2011, with tripartite constituents, during which a draft list of hazardous types of work was developed and approved. This list awaits approval by the Decent Work Agenda Steering Committee (DWASC). The Government hopes that this approval will be received in the near future, after which a Ministerial Order will be issued. Once approved, the Government indicates that the DWASC will be the responsible body for the periodic review of the list of types of hazardous work. The Committee requests the Government to pursue its efforts to ensure the adoption of a list determining the types of hazardous work prohibited for persons under 18 years in the near future. It requests the Government to provide a copy of the list, once adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the Ministry of Labour and Human Resource Development is primarily responsible for eliminating the worst forms of child labour in Kiribati. This Ministry works in cooperation with related ministries and bodies to implement the Convention. The Committee requests the Government to provide, in its next report, information on the specific measures taken by the Ministry of Labour and Human Resource Development to effectively monitor and eliminate the worst forms of child labour, as well as any activities undertaken in this regard by the labour inspectorate, the Kiribati National Police and the Coast Guard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s statement that the Ministry of Labour and Human Resource Development is currently considering an improved option for technical vocational education and training for younger students to reduce drop-out rates. The Government indicates that increasing the number of children in education would reduce the risk of engagement in the worst forms of child labour. In this regard, the Committee notes the Government’s statement in its report of 7 December 2005 to the Committee on the Rights of the Child (CRC) that secondary school fees and other costs are considered expensive given the average income level in the country, and that concern has been raised about the number of children who are out of school because their families are unable to meet school-related costs for all of their children (CRC/C/KIR/1, paragraph 152). In this regard, the Committee notes that the CRC expressed concern that the quality of education available to students is decreasing, the access to adequate educational facilities for children in remote areas remains limited, and the cost of education is often prohibitive (29 September 2006, CRC/C/KIR/CO/1, paragraph 56). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take the necessary measures to improve the functioning of the education system and to facilitate access to free basic education. It requests the Government to provide information on the concrete measures taken in this regard in its next report, as well as the results achieved, particularly with respect to increasing enrolment rates and decreasing the number of out-of-school children.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation. The Committee notes the Government’s statement that there are instances of child sexual exploitation involving girls going onto fishing boats in ports, and at Kava bars. The Government indicates that it has taken measures to prevent underage girls from going onto fishing vessels in Kiribati ports to provide sexual services. Specifically, the Ministry of Fisheries has attempted to prohibit this practice through licensing conditions and the police have attempted to restrain girls from getting onto fishing boats. The Government states that these measures have had some impact on reducing the number of girls exploited in this manner, but that this practice still continues. The Committee urges the Government to strengthen its efforts to prevent the commercial sexual exploitation of children in the country, and to continue to provide information on the specific measures taken in this regard. It also requests the Government to provide information, in its next report, on the measures taken to remove children from this worst form of child labour, and to provide appropriate services for their rehabilitation and social reintegration.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that there are no court decisions concerning the application of provisions of the Employment Ordinance or the Penal Code related to the worst forms of child labour. The Government indicates that a child labour survey and report are under preparation, which has documented certain cases of child labour, including some of its worst forms. The release of this study will allow the Government to become more aware of the current child labour situation. The Government indicates that, aside from instances of commercial sexual exploitation of children on fishing boats in ports or at Kava bars, the worst forms of child labour are not considered to be a significant problem in the country. However, the Government also states that there have been reports of children being engaged in hazardous work, on the outer islands and in Betio, in work such as stevedoring, loading and unloading of cargo ships, and some hazardous fisheries work. The Committee therefore requests the Government to take the necessary measures to combat and eliminate the worst forms of child labour identified in the country. It urges the Government to pursue it efforts to ensure that sufficient up-to-date information on the prevalence of the worst forms of child labour in the country is made available, particularly with regard to child commercial sexual exploitation and hazardous work. It requests the Government to provide this information in its next report, as well as any additional available information on the nature, extent and trends of the worst forms of child labour, and the number of children protected by the measures giving effect to the Convention.