Worst Forms of Child Labour Convention, 1999 (No. 182) - Guernsey

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that section 74 of the Children (Guernsey and Alderney) Law, 2008 (Children Law of 2008), provides for penalties for the offences related to the abduction of a child which includes taking or sending of a child under the age of 16 years out of the jurisdiction of Guernsey and Alderney without the appropriate consent. It observed that section 74 of the Children Law of 2008 only covered the abduction and movement of children under 16 years of age and that there appeared to be no provisions which explicitly address the sale and trafficking of children under 18 years of age. The Committee noted the Government’s statement that the law regarding sexual offences was undergoing revision and that the new law would introduce offences similar to those prohibitions on trafficking in persons as set out in Part I, sections 57–59 of the UK Sexual Offences Act, 2003. The Committee expressed the firm hope that the new law would prohibit the sale and trafficking of children under 18 years of age for the purposes of labour and sexual exploitation.

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

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee observed that section 12 of the Protection of Children and Young Persons (Amendment) Law, 1955 (Protection of Children’s Act) did not protect girls of 16 to 18 years of age, as well as boys under the age of 18 from prostitution. It noted the Government’s indication in its report that the new law on sexual offences will introduce a variety of offences to protect children from being abused through prostitution and will contain similar measures with regard to prostitution to those set out in the UK Sexual Offences Act. The Committee therefore expressed the firm hope that the new law on sexual offences will prohibit the use, procuring or offering of boys under the age of 18 years and girls between 16 and 18 years of age for prostitution.

The Committee notes the Government’s information that chapter XV of the draft law on sexual offences makes it an offence to cause or incite or control prostitution for gain, and paying for the sexual services of a prostitute subject to exploitation. The Committee expresses the firm hope that the draft law on sexual offences which deals with offences related to prostitution will be adopted in the near future. It requests the Government to provide information on any progress made in this regard. It also requests the Government to indicate if the draft Law provides for aggravated penalties for offences committed against children under the age of 18 years.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that section 74 of the Children (Guernsey and Alderney) Law, 2008 (Children Law of 2008), provides for penalties for the offences related to the abduction of a child which includes taking or sending of a child under the age of 16 years out of the jurisdiction of Guernsey and Alderney without the appropriate consent. The Committee noted the Government’s indication that the Department of Education has a duty to know the movement of a child and to make contact and notify areas where a child is moving in order to ensure that children do not fall victim to trafficking. The Committee further noted from the Government’s report that the Guernsey Border Agency’s Cross Border Crime Division had taken measures to tackle organized crime involving the trafficking of children. The Committee observed, however, that section 74 of the Children Law of 2008 only covered the abduction and movement of children under 16 years of age and that there appeared to be no provisions which explicitly address the sale and trafficking of children under 18 years of age.

The Committee notes the Government’s statement in its report that in 2011, the States of Deliberation resolved to modernize and reform the law regarding sexual offences generally in the Bailiwick of Guernsey. The new law will introduce offences similar to those prohibitions on trafficking in persons as set out in Part I, sections 57–59 of the UK Sexual Offences Act, 2003. Work on the new law is at an advanced stage and consultation on the legislation is planned to commence in 2017.

The Committee reminds the Government that, according to Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for labour or sexual exploitation constitutes one of the worst forms of child labour and that, by virtue of Article 1, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of this worst form of child labour. The Committee therefore expresses the firm hope that the new law will prohibit the sale and trafficking of children under 18 years of age for the purposes of labour and sexual exploitation.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the Government’s reference to section 12 of the Protection of Children and Young Persons (Amendment) Law, 1955 (Protection of Children’s Act). According to this section, causing, encouraging or allowing seduction, unlawful carnal knowledge, or prostitution or the commission of an indecent assault upon a girl under the age of 16 years shall be punished. The Committee noted, however, that section 12 of the Protection of Children’s Act did not seem to protect girls of 16 to 18 years of age, as well as boys under the age of 18 from prostitution.

The Committee notes the Government’s indication in its report that the new law on sexual offences will introduce a variety of offences to protect children from being abused through prostitution and will contain similar measures with regard to prostitution to those set out in the UK Sexual Offences Act.

The Committee once again reminds the Government that by virtue of Article 3(a) of the Convention, the use, procuring or offering of both boys and girls below 18 years of age for prostitution should be prohibited. The Committee therefore expresses the firm hope that the new law on sexual offences will prohibit the use, procuring or offering of boys under the age of 18 years and girls between 16 and 18 years of age for prostitution.

The Committee requests the Government to provide information on progress made in the adoption of the new law on sexual offences.

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

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. Following its previous comments, the Committee notes that section 74 of the Children (Guernsey and Alderney) Law, 2008 (Children Law of 2008), provides for penalties for the offences related to the abduction of a child which includes, taking or sending of a child under the age of 16 years out of the jurisdiction of Guernsey and Alderney, without the appropriate consent. The Committee notes the Government’s indication that the Department of Education has a duty to know the movement of a child and to make contact and notify areas where a child is moving in order to ensure that children do not fall victims to trafficking. The Committee further notes from the Government’s report that the Guernsey Border Agency’s Cross Border Crime Division has taken measures to tackle organized crime involving the trafficking of children.

The Committee observes, however, that section 74 of the Children Law of 2008 only covers the abduction and movement of children under 16 years of age and that there appears to be no provisions which explicitly address the sale and trafficking of children under 18 years of age. The Committee reminds the Government that, according to Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for labour or sexual exploitation constitutes one of the worst forms of child labour and that, by virtue of Article 1, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of this worst form of child labour. The Committee therefore urges the Government to take the necessary measures to ensure that the sale and trafficking of children under 18 years of age for the purposes of labour and sexual exploitation are prohibited.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Following its previous comments, the Committee notes the Government’s reference to section 12 of the Protection of Children and Young Persons (Amendment) Law, 1955 (Protection of Children’s Act). According to this section, causing, encouraging or allowing seduction, unlawful carnal knowledge, or prostitution or the commission of an indecent assault upon a girl under the age of 16 years shall be punished. The Committee notes, however, that section 12 of the Protection of Children’s Act does not seem to protect girls of 16 to 18 years of age, as well as boys under the age of 18 from prostitution.

In this regard, the Committee reminds the Government that by virtue of Article 3(a) of the Convention, the use, procuring or offering of both boys and girls below 18 years of age for prostitution should be prohibited. The Committee therefore urges the Government to take the necessary measures to ensure that the use, procuring or offering of boys under the age of 18 years and girls between 16 to 18 years of age for prostitution is effectively prohibited.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the Government’s indication that according to section 1 of the Protection of Children (Bailiwick of Guernsey) Law, 1985, any person who commits an act of gross indecency with, or towards, a child or incites a child to such an act with him or another shall be punished. Section 3 of the above Act further makes it an offence to take or permit to be taken, distribute, possess or publish any indecent photograph or advertisement of a child. The Committee further notes that the Obscene Publication (Bailiwick of Guernsey) Law of 1985 makes it an offence to make, possess, circulate, export, import or deal with any obscene publication which includes any book, writing, drawing, painting, photograph, cinematograph or video film.

Clause (d) and Article 4. Hazardous work. Following its previous comments, the Committee notes that according to section 47 of the Education (Guernsey) Law, 1970, the Education Council has the power to prohibit or restrict the employment of any child who is a registered student and is being employed in such a manner as to be prejudicial to his health or otherwise to render him unfit to obtain the full benefit of the education provided for him. The Committee also notes that as per section 46 of the Education Law of 1970, for the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is over compulsory school age (over 15 years) shall be deemed to be a child within the meaning of that enactment. It further notes the Government’s information that the Education Department ensures that people are trained to provide for the care and protection of children and that as per the Health and Safety at Work (Guernsey) Law, 1979, accidents, incidents and dangers are required to be reported to the Health and Safety Department.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee previously noted the Government’s indication that the legislation protecting children in employment was inadequate and that proposals to replace the legislation were due to be submitted to the Government for approval. It noted that the Commerce and Employment Department is the lead authority on the review of legislation on the employment of children and young persons, and that this review would take into account the provisions of Convention No. 182.

The Committee notes the document submitted with the Government’s report containing a draft Proposed Framework setting out broad measures related to child labour and the employment of children and young persons. The Committee notes that the draft Proposed Framework calls for, in Part I, the protection of young persons (defined as a person under 18 years of age) from the worst forms of child labour. The Committee notes the Government’s statement that the draft Proposed Framework is intended to outline the range of provisions that should be considered in relation to existing insular legislation. The Government emphasizes that the Proposed Framework is a staff working document which has not progressed to the stage of political approval, and that proposals for legislative changes would require further consideration. The Committee requests the Government to take the necessary measures to ensure the elaboration and development of the Proposed Framework and to pursue efforts to translate these proposals into legislative measures, in order to secure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously asked the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children in conformity with Article 3(a) of the Convention. In this regard, the Committee notes that section 3 of Part I of the draft Proposed Framework includes reference to protecting persons under the age of 18 from child trafficking. Part I of the draft Proposed Framework also includes protection from slavery, debt bondage and forced or compulsory labour. Noting that the draft Proposed Framework remains a staff working document, the Committee requests the Government to take the necessary measures to ensure the development and adoption of legislation based on the Proposed Framework, prohibiting and penalizing the sale and trafficking of all children under 18 years.

Clause (b). Use, procuring or offering of a child for prostitution and the production of pornography or for pornographic performances. Following its previous comments, the Committee notes that the draft Proposed Framework submitted with the Government’s report calls for the protection of children and young persons from involvement in prostitution, pornography or any other aspect of the sex trade. The Committee accordingly requests the Government to take the necessary measures to ensure the elaboration and adoption of legislation, based on the draft Proposed Framework, to prohibit the use, procuring or offering of children under the age of 18 for prostitution or for the production of pornography or for pornographic performances.

Clause (d) and Article 4. Hazardous work. Following its previous comments, the Committee notes that Part I of the draft Proposed Framework includes the protection of children and young persons from recruitment in any work that: is cruel, inhuman, degrading or demeaning; is hazardous or dangerous; which represents a significant threat to health and safety; which involves exposure to environmental conditions that are a significant threat to health; which involves exposure to a dangerous substance, chemical, organism, agent or levels of radiation that are significant threats to health; which represents a risk to the physical, mental, spiritual, social or moral development; which interferes with education; which is not physically or psychologically appropriate for a child or young person to carry out. The Committee requests the Government to take the necessary measures to ensure the adoption, in the near future, of this list of hazardous types of work prohibited for children under the age of 18 years, pursuant to Articles 3(d) and 4 of the Convention.

Article 5. Monitoring mechanisms. The Committee previously noted that section 30 the Children’s Law (Guernsey and Alderney), 2008 establishes the Office of the Children’s Convenor. The Committee requested information on the activities of the Office of the Children’s Convenor.

The Committee notes the information in the Government’s report that referrals can be made to the Children’s Convenor when it is thought that that child may be in need of compulsory intervention. The Government indicates that the Children’s Convenor will investigate any such case and refer it to the Child Youth Community Tribunal when compulsory intervention is necessary to ensure that the child receives sufficient care and protection. The Committee also notes the Government’s indication that, within the Health and Social Services Department, referrals to the Children’s Convenor are made through the Service Manager responsible for the Assessment and Intervention Team.

Article 7(1). Penalties. The Committee noted the Government’s indication that new legislation on the employment of children and young persons would allow for penalties that included a fine, imprisonment, or both.

The Committee notes the Government’s statement that penalties have not yet been determined at this stage. In this regard, the Committee notes that the draft Proposed Framework does not include specific penalties for the worst forms of child labour, but does indicate that supplementary provisions shall include measures related to the power to bring prosecutions for breaches of law as well as penalties. In this regard, the Committee draws the Government’s attention to Paragraph 12 of Recommendation No. 190, which states that Members should provide that the worst forms of child labour specified in Article 3(a)–(c) are criminal offences. Paragraph 13 of Recommendation No. 190 further provides that Members should ensure that penalties including, where appropriate, criminal penalties, are applied for violations of the national provisions for the prohibition and elimination of hazardous work. The Committee requests the Government to ensure that any legislation adopted pursuant to the draft Proposed Framework contains sufficiently effective and dissuasive penalties for persons who engage children in the worst forms of child labour. In this regard, the Committee encourages the Government to take Recommendation No. 190 into account when further elaborating the draft Proposed Framework and any subsequent legislation.

Article 8. International cooperation. The Committee previously noted that Guernsey provides assistance to a number of countries and to a variety of projects through the work of the Overseas Aid Commission. It requested the Government to provide a copy of the Overseas Aid Commission report.

In this regard, the Committee notes the information in the Overseas Aid Commission Annual Report of 2010 that this Commission invested approximately £255,000 into nine educational projects in 2010, supporting more than 26 schools, directly benefitting over 45,000 pupils. The projects included classroom rehabilitation, the provision of educational materials and books, and the construction of schools’ water points. The Committee also notes the information in this Report that £782,000 was invested in 26 projects related to integrated development including eight for such projects for the protection and support of children.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee previously noted the Government’s indication that the legislation protecting children in employment was inadequate and that proposals to replace the legislation were due to be submitted to the Government for approval. It noted that the Commerce and Employment Department is the lead authority on the review of legislation on the employment of children and young persons, and that this review would take account of existing insular legislation, the provisions of Convention No. 182 and the Convention on the Rights of the Child. The Committee noted that no progress had yet been made in this review, and drew the Government’s attention to Article 1 of the Convention that requires member States which have ratified the Convention to take immediate measures to prohibit the worst forms of child labour as a matter of urgency.

The Committee notes the Government’s information that the Commerce and Employment Department intends to carry out a public consultation on a range of employment issues in the latter part of 2009 or the early part of 2010. The Committee notes the Government’s statement that this will include proposals regarding the new legislation on the employment of children. The Committee trusts that these legislative proposals include measures to prohibit the worst forms of child labour, in conformity with Article 1 of the Convention. The Committee requests the Government to redouble its efforts to ensure that legislation prohibiting the worst forms of child labour is adopted as a matter of urgency, and requests the Government to supply a copy thereof once it has been adopted.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously asked the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children in conformity with Article 3(a) of the Convention. The Committee noted the Government’s reference to the draft framework of proposed new legislation on the employment of children and young persons (the draft framework) that was intended to address this issue, and requested the Government to provide a copy of this draft framework.

The Committee again notes that a copy of this draft framework is not included with the Government’s report. It notes the Government’s statement that at this time this draft remains a staff working document, and has not yet been adopted. The Committee recalls that by virtue of Article 3(a) of the Convention, the sale and trafficking of children under 18 years constitutes one of the worst forms of child labour and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. Accordingly, the Committee urges the Government to take immediate and effective measures to ensure that the draft framework, according to which the sale and trafficking of all children under 18 will be prohibited, is adopted in the very near future.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee previously requested the Government to provide information on the measures taken or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution. It noted the Government’s information that the draft framework includes provisions relating to prostitution, and requested the Government to supply a copy of this draft framework with its next report. Noting that no such copy of the draft framework is attached, the Committee urges the Government to take the necessary measures to ensure that the proposed legislation includes provisions prohibiting the use, procuring or offering of children under 18 years of age for prostitution, in conformity with Article 3(b) of the Convention. It requests the Government to provide information on developments in this regard.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that the Protection of Children (Bailiwick of Guernsey) Law of 1985 (Protection of Children Law) contained provisions protecting children from acts of gross indecency and from involvement in pornography. It had also noted the Government’s information that the draft framework is intended to provide more comprehensive protection in this regard, and requested the Government to provide a copy of the Protection of Children Law. The Committee notes that the Protection of Children Law, submitted with the Government’s report, prohibits, pursuant to section 1, acts of gross indecency with or towards a child, or inciting a child to such an act. The Committee observes that the term gross indecency does not appear to be defined in the legislation. The Committee also notes that section 3 of the Protection of Children Law prohibits taking (or permitting the taking of), distributing, showing, or possessing with a purpose to distribute indecent photographs of a child. It is also prohibited to publish (or cause to be published) any advertisement which conveys that the advertiser distributes or shows indecent photographs of a child. The Committee further notes that pursuant to section 9(5) of the Protection of Children Law, indecent photographs include any form of video recording.

However, the Committee notes that pursuant to section 9(1) of the Protection of Children Law, a child is defined as a person under the age of 16 years. The Committee reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to take measures to ensure that the use, procuring, or offering a person under the age of 18 for the production of pornography or for pornographic performances is prohibited in the draft framework, in accordance with Article 3(b) of the Convention. The Committee also requests the Government to clarify the meaning of the term “gross indecency” found in section 1 of the Protection of Children Law.

Clause (d) and Article 4. Hazardous work. The Committee previously noted the information in the Government’s report that the draft framework includes a preliminary list of hazardous work to be prohibited for children under the age of 18 years. The Committee requested the Government to provide information with regard to the adoption of this list. The Committee notes the Government’s statement that the provisions in the draft framework remain unchanged, but will be reviewed in relation to extant health and safety legislation, to ensure that there is no duplication in provisions. The Committee encourages the Government to complete this review, and, following consultation with the organizations of employers and workers concerned, to take the necessary measures to ensure the adoption of this list of hazardous types of work prohibited for children under the age of 18, pursuant to Articles 3(d) and 4 of the Convention.

Article 5. Monitoring mechanisms. The Committee previously noted that the States Children Board, pursuant to the Children and Young Persons (Guernsey) Law of 1967 (CYP Law), the States Education Council and the Board of Industry have various responsibilities for the monitoring of children engaged in employment. It noted that a new law was proposed to replace the CYP Law, and requested the Government to provide information on this new legislation, in addition to supplying a copy of the CYP Law. The Committee notes the copy of the CYP Law (and the copies of its 1997 and 2000 amendments) included with the Government’s report. However, the Committee notes that the CYP Law appears to have been repealed, pursuant to the Children (Guernsey and Alderney) Law, 2008 (Children’s Law 2008), which received the approval of the Privy Council on 10 June 2009.

The Committee notes that section 29 of the Children’s Law 2008 establishes the Islands Child Protection Committee (ICPC), whose membership includes the Chief Officer of Police, the Director of the Education Department, the Chief Probation Officer, the Children’s Convenor, the President of the Child, Youth and Community Tribunal, the Governor of Guernsey Prison, the Chief Executive of the States of Alderney, a medical practitioner, and nominees from at least two voluntary agencies working with children in Guernsey or Alderney. The Committee notes that the ICPC’s principal objective is to coordinate what is done by each person or organization represented on the ICPC for the purpose of safeguarding and promoting the welfare of the children of Guernsey and Alderney. The Committee also notes that section 30 the Children’s Law 2008 establishes the Office of the Children’s Convenor, to whom, by virtue of section 36, matters involving a child in need of protection shall be referred. Pursuant to section 35(2) of the Children’s Law 2008, children requiring intervention include children who have suffered, or are likely to suffer, significant impairment to their health or development, or have suffered, or are likely to suffer, sexual or physical abuse, in addition to children who have been exposed, or are likely to be exposed, to moral danger. Noting these provisions, the Committee requests the Government to provide information on the activities of the ICPC and the Office of the Children’s Convenor, with regard to the monitoring of the worst forms of child labour.

Article 7, paragraph 1. Penalties. 1. General penalties. The Committee had previously noted the Government’s information that it was proposed that any new legislation on the employment of children and young persons would allow for penalties that included a fine, imprisonment, or both. It requested the Government to provide further information on the applicable penalties which give effect to this Convention. The Committee notes the Government’s statement that specific penalties will be determined by legal advisers when proposals for the new legislation are approved by the Government, assuming that approval is forthcoming. The Committee requests the Government to continue to provide information on developments with regards to the adoption of legislation containing penalties which will give effect to this Convention, and to provide a copy of this legislation when it is adopted.

2. Pornography. The Committee notes that section 8 of the Protection of Children Law provides penalties for the commission of an offence under section 2 (concerning the taking, possession, distribution, etc. of indecent photographs of children). Section 8 states that persons guilty of an offence under section 2 are, following a conviction on indictment, liable to imprisonment for a term not exceeding three years, or to a fine, or both, and following a summary conviction, to imprisonment for a term not exceeding three months, or to a fine not exceeding £500, or both. The Committee observes that it appears that a person who commits an offence concerning the taking of indecent photographs of a child, including the recording of a video, may therefore be subject only to a fine. The Committee recalls that by virtue of Article 7(1) of the Convention, the Government shall take all necessary measures to ensure the effective implementation of the provisions giving effect to the Convention, including the provision and application of dissuasive criminal penalties. The Committee accordingly requests the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the infringement of the prohibition of using, procuring or offering a child for the production of pornography or for pornographic performances.

Article 8. International cooperation. The Committee previously noted that Guernsey provides assistance to a number of countries and to a variety of projects through the work of the Overseas Aid Commission. The Committee notes the Government’s reference to the annual report of the Overseas Aid Commission for 2008, though notes that this is not attached to the Government’s report. The Committee requests the Government to provide a copy of the most recently issued annual Overseas Aid Commission Annual Report with its next report.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1 of the Convention. The Committee had previously noted the Government’s indication that the legislation protecting children in employment was inadequate and that proposals to replace the legislation were due to be submitted to the Government for approval. It had noted the Government’s information that, following changes in the structure of the Government of the Island, the Commerce and Employment Department is the lead authority on the review of legislation on the employment of children and young persons. This review would take account of existing insular legislation, the provisions of Convention No. 182, and the Convention on the Rights of the Child. The Committee notes the Government’s information that the review of insular legislation remains an ongoing work stream for the Commerce and Employment Department. According to the Government, it has not yet been possible to progress this matter. The Committee draws the attention of the Government to Article 1 of the Convention that requires member States which have ratified the Convention to take “immediate” measures to prohibit the worst forms of child labour “as a matter of urgency”. The Committee hopes that the draft legislation will be adopted as a matter of urgency and requests the Government to provide a copy thereof once it has been adopted.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously asked the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children in conformity with Article 3(a) of the Convention and to supply the text of any relevant legislation. The Committee notes, once again, the Government’s reference to the draft framework of proposed new legislation on the employment of children and young persons that is intended to address this issue. Noting that the Government has not supplied a copy of this text, the Committee once again requests it to supply a copy thereof with its next report.

2. Forced or compulsory labour. Following its previous comments, the Committee notes that article 4 of the Human Rights (Bailiwick of Guernsey) Law, 2000, prohibits slavery and forced labour.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously requested the Government to inform it on the measures taken or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution. It had noted the Government’s information that the draft framework for insular legislation on the employment of children and young persons includes provisions relating to prostitution. Noting that the Government has not supplied a copy of this text, the Committee once again requests it to supply a copy thereof with its next report.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Protection of Children (Bailiwick of Guernsey) Law of 1985 protects children from acts of gross indecency and from pornography and involvement in pornography. It had also noted the Government’s information that the draft framework for insular legislation on the employment of children and young persons is intended to provide more comprehensive protection. Noting that the Government has not provided a copy of the Protection of Children (Bailiwick of Guernsey) Law of 1985, the Committee once again requests it to supply a copy thereof with its next report.

Clause (d) and Article 4. Hazardous work. The Committee had noted the Government’s information that the draft framework for insular legislation on the employment of children and young persons provides for the list of prohibited employment to be varied by statutory instrument. As the framework is developed, the provisions of Paragraph 3 of Recommendation No. 190 would be taken into consideration. The Committee notes the Government’s indication that the framework includes a preliminary list of hazardous work to be prohibited for children under the age of 18 years. It once again requests the Government to keep it informed with regard to the adoption of the list of types of hazardous work to be prohibited for children under 18 years of age.

Article 5. Monitoring mechanisms. The Committee had previously noted that the States Children Board, the States Education Council and the Board of Industry have various responsibilities for the monitoring of children engaged in employment. It had requested the Government to provide a copy of the Children and Young Persons (Guernsey) Law of 1967. It had noted the Government’s information that this legislation was proposed to be replaced and that appropriate recommendations were due to be presented to the Government. The Committee notes the Government’s information that a draft of new legislation is currently with the Health and Social Services Department for comment. Noting that no copy of the Children and Young Persons (Guernsey) Law of 1967 was sent to the Office, the Committee once again requests the Government to supply a copy of this Act with its next report. It also requests the Government to keep it informed on any progress in adopting the draft new legislation that will replace the Children and Young Persons (Guernsey) Law of 1967, and to provide a copy thereof as soon as it has been adopted.

Article 7, paragraph 1. Penalties. The Committee had previously noted the Government’s information that it was proposed that any new legislation on the employment of children and young persons would allow for penalties that included a fine, imprisonment, or both. It requests the Government to provide further information on the applicable penalties which give effect to this Convention.

Article 8. International cooperation. The Committee had previously noted that Guernsey provides assistance with a number of projects to a variety of countries through the work of the Overseas Aid Committee. It notes the Government’s information that overseas aid is now the responsibility of the Overseas Aid Commission. It also notes the Government’s reference to the Overseas Aid Commission’s Annual Report of 2006, which was submitted to the States of Guernsey by the Policy Council. Noting that a copy of the Overseas Aid Commission’s Annual Report of 2006 has not been supplied by the Government, the Committee requests it to provide a copy thereof with its next report.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 1 of the Convention. The Committee had previously noted the Government’s indication that the legislation protecting children in employment was inadequate and that proposals to replace the legislation were due to be submitted to the Government for approval. It notes the Government’s information that, following changes in the structure of the Government of the island, the Commerce and Employment Department is now the lead authority on the review of legislation on the employment of children and young persons. This review will take account of existing insular legislation, the provisions of Convention No. 182, and the Convention on the Rights of the Child. The Committee also notes the Government’s information that the Department plans to submit a report on this matter to the Government in 2006. The Committee requests the Government to keep it informed of any progress in reviewing legislation on the employment of children and young persons.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously asked the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children in conformity with Article 3(a) of the Convention and to supply the text of any relevant legislation. The Committee notes the Government’s reference to a draft framework of proposed new legislation on the employment of children and young persons that is intended to address this issue. The Committee asks the Government to supply a copy of this text with its next report.

2. Forced or compulsory labour. In its previous comments, the Committee had noted that the Human Rights (Bailiwick of Guernsey) Law, 2000, regulates slavery and forced labour. It had requested the Government to provide a copy of the relevant provisions of this legislation. The Committee notes that no copy of this legislation was sent to the Office and once again requests the Government to provide a copy of the relevant provisions of the Human Rights (Bailiwick of Guernsey) Law, 2000, with its next report.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s information that there are no armed forces in Guernsey and there is no compulsory military service. It also notes that, according to the Government, any islander who wishes to pursue any form of military service does so in the British service, either as a reservist, a member of the Territorial Army, or by enlisting. In each case, military service is governed by the regulations in force in the United Kingdom. It also notes the Government’s information that the “draft framework” for insular legislation on the employment of children and young persons includes provisions prohibiting the compulsory recruitment of such persons for armed conflict either on or off the island.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously requested the Government to inform it of the measures taken or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution. It notes the Government’s information that the “draft framework” for insular legislation on the employment of children and young persons includes provisions relating to prostitution. The Committee requests the Government to supply a copy of this text with its next report.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Protection of Children (Bailiwick of Guernsey) Law of 1985 protects children from acts of gross indecency and from pornography and involvement in pornography. It notes the Government’s information that the draft framework for insular legislation on the employment of children and young persons is intended to provide more comprehensive protection. The Committee notes that no copy of the Protection of Children (Bailiwick of Guernsey) Law of 1985 was sent to the Office and once again requests the Government to provide a copy of this text.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously requested the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to indicate the applicable legislation and penalties. The Committee notes the Government’s information that the draft framework for insular legislation on the employment of children and young persons includes provisions on this issue.

Clause (d) and Article 4. Hazardous work. The Committee notes the Government’s information that the draft framework for insular legislation on the employment of children and young persons provides for the list of prohibited employment to be varied by Statutory Instrument. As the framework is developed, the provisions of Paragraph 3 of Recommendation No. 190 will be taken into consideration. The Committee requests the Government to keep it informed with regard to the adoption of the list of types of hazardous work to be prohibited for children under 18 years of age.

Article 5. Monitoring mechanisms. The Committee had previously noted that the States Children Board, the States Education Council and the Board of Industry have various responsibilities for the monitoring of children engaged in employment. It had requested the Government to provide a copy of the Children and Young Person (Guernsey) Law of 1967. It notes the Government’s information that this legislation is proposed to be replaced and that appropriate recommendations are due to be presented to the Government. Noting that no copy of the Children and Young Person (Guernsey) Law of 1967 was sent to the Office, the Committee once again requests the Government to supply a copy of this Law with its next report. The Committee also requests the Government to keep it informed of any amendments to the Law or any legislation that will replace this text.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that the Commerce and Employment Department currently runs workshops for employers’ and workers’ groups that cover all aspects of employment law and that this will be updated to cover the employment of children. The Department also visits schools to advise school children of their rights in respect of employment. It further notes the Government’s information that the school curriculum also includes an element dealing with development, health risks and moral issues.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide information on the steps taken to ensure that measures are adopted to secure the enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions in accordance with Article 7, paragraph 1, of the Convention. The Committee notes the Government’s information that it is proposed that any new legislation on the employment of children and young persons will allow for penalties that include a fine, imprisonment, or both.

Article 8. International cooperation. The Committee had previously noted that Guernsey provides assistance with a number of projects to a variety of countries through the work of the Overseas Aid Committee. The Committee asks the Government to provide a copy of the 2003 annual report of the Overseas Aid Committee with its next report. It also requests the Government to continue providing information on the assistance provided to other member States.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s information that the worst forms of child labour, as defined in the Convention, do not occur in Guernsey. It also notes the Government’s acceptance that the legislation protecting children engaged in employment is inadequate and that proposals to replace the legislation are due to be submitted to the Government for approval. The Committee requests the Government to inform the Committee on the proposed legislative reform and other measures to ensure that the worst forms of child labour do not arise.

Article 3. Worst forms of child labour. Clause (a). 1. Slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s statement that the Human Rights (Bailiwick of Guernsey) Law, 2000, regulates slavery and forced labour. It requests the Government to supply the text of the relevant provisions in this legislation.

2. Sale and trafficking of children. The Committee notes the absence of information on this issue in the Government’s report. It reminds the Government that, by virtue of Article 3(a), the sale and trafficking of children constitute one of the worst forms of child labour and must therefore be prohibited for children under 18  years of age. The Committee asks the Government to inform the Committee on the measures taken or envisaged to prohibit the sale and trafficking of children in conformity with Article 3(a) of the Convention and to supply the text of any relevant legislation.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that the Government’s report does not contain any information on this issue. Recalling that, by virtue of Article 3(a), the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee asks the Government to indicate the minimum age at which persons may be called up for compulsory military service and to provide a copy of the texts regulating the enlistment and recruitment of members of the armed forces.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Government has not provided information on this subject. It reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution constitutes one of the worst forms of child labour and, as such, must be prohibited for any person under 18 years of age. Therefore, the Committee requests the Government to inform it on the measures taken or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s statement that the Protection of Children (Bailiwick of Guernsey) Law, 1985, protects children from acts of gross indecency and from pornography or involvement in pornography. It requests the Government to supply the text of the relevant legal provisions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Government’s report has not provided any information on this point. The Committee recalls that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour. Therefore, it requests the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to indicate the applicable legislation and penalties.

Article 3(d) and Article 4. Hazardous work. The Committee notes the Government’s statement that proposed legislation on the employment of children and young persons will provide for a list of occupations in which children cannot be employed, which includes "restrictions relating to exposure to physical, biological and chemical agents and work involving exposure to adult material or situations". The Government adds that when the legislation comes into force, there will be powers to modify the list as circumstances dictate. Finally, the Government indicates that consultations on the proposed legislation have been held with employer and employee groups, childcare agencies and educationalists. The Committee refers the Government to Article 4, paragraph 1, of the Convention which provides that the types of work referred to under Article 3(d) of the Convention must be determined taking into consideration relevant international standards, in particular Paragraph 3, of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee trusts that, in adopting the new legislation, due consideration will be given to Paragraph 3 of Recommendation No. 190. It requests the Government to provide the text of the proposed legislation as soon as it has been adopted.

Article 5. Monitoring mechanisms.  The Committee notes the Government’s report that the States Children Board, the States Education Council and the Board of Industry have various responsibilities for the monitoring of children engaged in employment. According to the Children and Young Person (Guernsey) Law, 1967, the States Children Board is responsible for advising the Government on the welfare and protection of children and young persons and has the power to remove children from emergency situations. The Government reports that these powers can be used if a child is engaged in work that is likely to harm the child’s health, safety or morals. The States Education Council continually monitors children in education and, if appropriate, investigates a child’s employment if the education of that child appears to be suffering. The Board of Industry has responsibilities which include employment and health and safety issues. The Committee notes the Government’s report that a number of government departments have the mandate to, or may be involved in, the monitoring of children and young persons. They maintain contacts with employer and employee groups and childcare agencies. The Committee requests the Government to provide the text of the Children and Young Person (Guernsey) Law, 1967.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s statement that programmes of action to eliminate the worst forms of child labour do not exist, because these forms of labour are not found on the island. The Committee reminds the Government that even if the worst forms of child labour appear not to exist, the Convention requires member States to take measures to prohibit and prevent the emergence of the worst forms of child labour. In this context, the Committee requests the Government to indicate which steps it envisages taking, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not arise. In particular, the Committee asks the Government to provide further information on the measures concerning education and health aimed at ensuring the protection of children from the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s information that a number of government departments have the mandate to, or are operationally involved in, the monitoring of the employment of children and young persons. They maintain contacts with employer and employee groups and childcare agencies. The Government adds that, if appropriate, the relevant department will pursue prosecutions but there are no legislative provisions for custodial sentences and fines. The Committee also notes the Government’s statement that the worst forms of child labour, as defined in the Convention, are socially and politically unacceptable on the island and, if found to exist, they would be subject to legal action. The Committee requests the Government to provide information on the steps taken to ensure that measures are adopted to secure the enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions in accordance with Article 7, paragraph 1, of the Convention.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s information that education is compulsory on the island from the age of 5 to 16 and can continue to the age of 18. Opportunities exist on the island to engage in vocational training and assistance is provided for students seeking further education off the island.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the States Children Board, the States Education Council and the Board of Industry have effective responsibility for the implementation of the Convention.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s information that Guernsey provides assistance with a number of projects in a variety of countries through the work of the Overseas Aid Committee. The Committee asks the Government to provide more specific information on the assistance provided to other member States.

Parts IV and V of the report form. The Committee notes the Government’s statement that the issue of practical difficulties in the application of the Convention do not arise, because no worst form of child labour exists on the island. It also notes the Government’s information that no infringements have been reported. The Committee requests the Government to monitor the situation and supply copies or extracts from official documents including studies and surveys and to provide information on the nature, extent and trends of the worst forms of child labour, should these occur in future, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.