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

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments on access of children to education, the Committee notes the Government’s reference to a number of measures to decrease the dropout rates and reduce the number of out-of-school children, including: (i) the strengthening of the existing rehabilitation programmes to support children aimed at preventing dropouts; (ii) the discussion of alternative routes for out-of school students, such as with the Seychelles Institute of Distance and Open Learning; and (iii) several measures to enhance the offer and quality of the vocational training provided. The Committee also notes that the 2017 report submitted by the Government to the Committee on the Rights of the Child (CRC) refers to a reduction in dropouts due to the implementation of the Vocational Education and Training Programme “phase 1” for students with academic difficulties, which combines school and vocational training in the last two years of secondary education (CRC/C/SYC/5-6, paragraph 154). That report also refers to the creation of the position of attendance officer in 2015 to ensure that absent students are brought back to school (paragraph 155), and the gradual enrolment of girls in vocational education centres, including those centres teaching traditionally male-dominated professions (paragraph 156). The Committee also notes from the statistics provided on the website of the United Nations Educational, Scientific and Cultural Organization (UNESCO) that in 2018, the net enrolment rate of children in primary education was 92.21 per cent and that this rate in secondary education was 80.06 per cent. Taking due note of the measures taken by the Government, and recalling that education is key to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue to take measures aimed at increasing the school enrolment and attendance rates and reducing the dropout rates and number of out-of-school children. The Committee further requests the Government to provide information on the enrolment of girls in the vocational education centres, indicating the number of girls enrolled and their age.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child trafficking and commercial sexual exploitation. In its previous comments, the Committee referred to a number of measures for the rehabilitation of victims of trafficking and commercial sexual exploitation including: (i) the collaboration between ministries and other child protection actors for early identification of children at risk of sexual exploitation; (ii) the launching of a Standards Operating and Referral Mechanism for guidance in identifying and prosecuting perpetrators applying a victim-centred approach; and (iii) the provision of psychosocial support for victims of sexual exploitation.

The Committee notes the Government’s indication, in response to its request, that no victims of commercial sexual exploitation were identified. The Committee notes that section 10(6) of the Prohibition of Trafficking in Persons Act provides for the provision of shelters for victims of trafficking (clause b) and the provision of care and the placement in a safe and secure place if the victim of trafficking is a child (clause a). In this respect, the Committee notes the Government’s indication that the provision of appropriate shelters for victims of trafficking in persons is still in the discussion stage, and that child victims are to be taken into care, especially if abuse is happening in the home of the child. The Committee requests the Government to continue to provide information on the measures taken for the identification, rehabilitation and reintegration of child victims of trafficking and commercial sexual exploitation, including the placement of children into care. It also requests the Government to provide information on the number of child victims who have been effectively rehabilitated and socially integrated. The Committee further requests the Government to indicate any measures taken aimed at enhancing the capacity of public officials, including the police, prosecutors and the judiciary, to identify and combat commercial sexual exploitation of children.

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

The Committee notes the observations made by the Seychelles Federation of Workers’ Unions (SFWU) received on 6 September 2019.

Articles 3 and 7(1) of the Convention. Worst forms of child labour, penalties and application in practice. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously expressed its deep concern at children under 18 years of age being potentially engaged in prostitution, particularly sex tourism, based on the indications in the 2014 mission report of the United Nations Special Rapporteur on trafficking in persons, especially women and children (A/HRC/26/37/Add.7, paragraphs 10 and 11). That report also referred to a number of factors hampering the effective and swift investigation and prosecution of trafficking cases, including the lack of comprehensive understanding of the relevant penal provisions by police officials (paragraphs 46 and 47).

The Committee notes the Government’s indication in its report, in response to the Committee’s request that four alleged cases of child prostitution were reported, one of which is under examination and three of which were transmitted for prosecution and subsequently brought to the Supreme Court. The Government adds that in some alleged cases of child prostitution, the supposed victims refuse to have the police investigate the matter. In this respect, the Committee also notes that the 2018 concluding observations of the United Nations Committee on the Rights of the Child (CRC) refer to the vulnerability of children to commercial sexual exploitation, internal sexual trafficking in the context of the flourishing tourism industry, and reported cases of forced prostitution by family members to sustain the family income (CRC/C/SYC/CO/5-6, paragraph 24). It further notes that the CRC recommends, among other things, that: (i) research be undertaken on the nature and extent of the commercial sexual exploitation of children; (ii) specific training be provided to judiciary and law enforcement officials; and (iii) accessible, confidential and child-friendly channels for the reporting of such violations be provided (paragraph 25). The Committee notes that the Government has not provided the requested information in its report on the progress made with the data collection on children involved in the worst forms of child labour. In light of the above, the Committee urges the Government to take the necessary measures to ensure that persons suspected of using, procuring, or offering children for prostitution are identified, and that thorough investigations and prosecutions are carried out in this respect, and to provide statistical information on the number and nature of violations reported, investigations and prosecutions undertaken. In this respect, the Committee asks the Government to provide information on the outcome of the four reported cases of child prostitution, three of which have been transmitted for prosecution and brought to the Supreme Court, including convictions and criminal penalties imposed. The Committee also once again requests the Government to take the necessary measures to ensure that sufficient data on the involvement of children in the worst forms of child labour, particularly in commercial sexual exploitation, are available.

Articles 3(d) and 4(1). Worst forms of child labour. Hazardous work and determination of hazardous work. Following up on its previous requests made in this respect, the Committee notes the Government’s reiterated indication that proposals to include the draft list of hazardous types of work in the Conditions of Employment Regulations have been made and that the necessary measures to have them adopted are expected in the very near future. In this respect, the Committee also notes the observations made by the SFWU that there is a need for the Government to continue with its commitment to reviewing certain provisions of national laws to bring it into conformity with the provisions of the child labour Conventions. In light of the fact that the Committee has been raising this issue since 2004, the Committee urges the Government to follow up on its reiterated commitment and take the necessary measures to ensure that the Conditions of Employment Regulations are amended and that the draft list of hazardous types of work as prohibited for children under 18 years of age is adopted in the very near future.

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

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

Articles 3(d) and 4(1) of the Convention. Worst forms of child labour. Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous work, the Committee requests the Government to refer to its detailed comments under Article 3(3) of the Minimum Age Convention, 1973 (No. 138).

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, since 2010, the Ministry of Education had introduced a technical and vocational education and training (TVET) programme for secondary students aged at least 16 years who had academic difficulty in following the school curriculum, and that the programme would eventually be offered to all students. The Committee notes the Government’s indication in its report that various efforts have been taken to enhance the TVET programme, and that the enrolment rate has continuously increased from 2012 to 2015 with a decrease in 2016. The Committee also notes that the inclusive Education and Training Policy was launched in 2015, and that the Alternative Education Programme was implemented to support students with learning difficulties and behavioural challenges. However, it also notes that the United Nations Special Rapporteur on the right to education, in his report of 6 May 2014 (A/HRC/26/27/Add.1), expressed his concern that vocational training was seen as a career path for low-performing students and school drop-outs (paragraph 65), and that professional post-secondary institutions received inadequate funding to maintain their buildings and operate their classes with adequate raw materials (paragraph 67).

The Committee further notes that the Special Rapporteur indicated in his report that boys left school earlier to enter the workforce (paragraph 63). The Committee notes the Government’s information that the ratio of enrolled girls to boys in TVET programme has risen from 2012 to 2015, with a drop in 2016; however, the proportion of female students remains low. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue its efforts to decrease the drop-out rates and reduce the number of out-of-school children, paying special attention to boys, as well as to continue to take measures to provide adequate vocational training for girls.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child trafficking and commercial sexual exploitation. The Committee previously noted that the Government was taking steps to put facilities in place for the rehabilitation of victims of trafficking and commercial sexual exploitation. In addition, the Social Affairs Department was collaborating with the Ministry of Education to identify children who might be at risk of sexual exploitation. Both ministries had joint and targeted intervention strategies to better address the needs of these children and to take remedial action, including rehabilitation programmes.

The Committee notes the Government’s information that, a Standard Operating Procedure and Referral Mechanism was developed and launched in 2015 to guide actors involved in identifying and prosecuting trafficking in persons with a victim-centred approach. The Social Affairs Department also implemented mechanisms to ensure close collaboration between child protection partners and to encourage the sharing of information for early intervention. Psychosocial support was provided to victims of sexual exploitation as well. The Committee encourages the Government to continue to provide concrete information in this regard, and again requests it to provide information on the number of child victims who have been effectively rehabilitated and socially integrated.

Application of the Convention in practice. The Committee notes the Government’s information that special permission is advised for employers regarding the employment of children by the Ministry of Labour and Human Resource Development, and that a case management system has been developed by the Social Affairs Department in collaboration with the Department of Information, Communication and Technology. The Committee once again requests the Government to take the necessary measures to ensure that sufficient data on the involvement of children in the worst forms of child labour are available. It once again requests the Government to provide statistical information on the nature, extent and trends of the worst forms of child labour, and the number of children covered by the measures giving effect to the Convention.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. The Committee observed previously that there did not appear to be a provision that specifically prohibits trafficking of children under the age of 18 years for labour and sexual exploitation. It noted the Government’s indication that the Social Affairs Department was working in collaboration with the United Nations Office on Drugs and Crimes (UNODC) in order to draft laws on trafficking in persons. The Committee requested the Government to take effective measures to ensure that national legislation prohibiting the sale and trafficking of children under 18 years age for labour and sexual exploitation is adopted.

The Committee notes the Government’s indication in its report that the Prohibition of Trafficking in Persons Act was enacted in April 2014 after wide consultation. The Committee notes with satisfaction that, the Act provides for the specific prohibition of the sale and trafficking of children under the age of 18 with stringent punishment in sections 3 and 4. The maximum penalty for child trafficking is up to 25 years’ imprisonment, or additionally with a fine not exceeding 800,000,000 Seychelles rupees (SCR). It also notes that, pursuant to section 21 of the Act, the National Coordinating Committee on Action against Trafficking in Persons was set up in June 2014, with members notably from the Immigration Division, Ministry of Labour and Human Resource Development, the Police Department, Ministry of Foreign Affairs and Transport, and was chaired by the Principal Secretary for the Social Affairs Department. The Committee requests the Government to provide information on the application in practice of the Prohibition of Trafficking in Persons Act.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performance. Prostitution. The Committee previously observed that the use of children, both boys and girls under 18 years of age, for prostitution, for example by a client, did not seem to be prohibited. It also noted the Government’s indication that the new laws on trafficking in persons would include provisions to prohibit the use of children under 18 years of age for prostitution.

The Committee notes the Government statement in its report that section 156(3) of the Penal Code prohibits a person from knowingly exploiting the prostitution of another person. It also notes that, section 2 of the Prohibition of Trafficking in Persons Act includes the use of a person in sexual acts or pornography in the definition of sexual exploitation.

The Committee again notes the Government’s statement that no cases classified as worst forms of child labour have been reported. However, the Committee notes that the United Nations Special Rapporteur on trafficking in persons, especially women and children, in her mission report to Seychelles of 5 June 2014 (A/HRC/26/37/Add.7), indicated the occurrence of internal trafficking of children for sexual purposes and the forced high-class prostitution of Seychellois girls, and according to some sources, boys, by foreign clients, identified as male or female visitors/tourists or locally employed foreign men (paragraphs 10 and 11). The report further indicated that, while girls aged 16 and onwards were most at risk, girls as young as 14 years old were reportedly forcibly prostituted. The report also noted that a number of factors hampered the effective and swift investigation and prosecution of trafficking cases, including the lack of comprehensive understanding of relevant provisions in penal laws by police officials (paragraphs 46 and 47). The Committee expresses its deep concern at the situation of children under 18 years of age who are engaged in prostitution, particularly sex tourism. The Committee, therefore, urges the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions are carried out against persons suspected of using, procuring, or offering children for prostitution. It once again requests the Government to provide statistical information on the number and nature of violations reported, investigations, prosecutions, convictions and criminal penalties imposed in this respect.

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

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 and practices similar to slavery. Sale and trafficking of children. The Committee previously observed that there did not appear to be a provision that specifically prohibits trafficking of children under the age of 18 years for labour and sexual exploitation. The Committee noted that a national committee was set up by the Attorney-General’s Office to undertake necessary action to harmonize all national laws with the Convention.

The Committee notes the Government’s indication that the Social Affairs Department is working in collaboration with the United Nations Office on Drugs and Crime (UNODC) in order to draft laws on trafficking in persons. The Committee requests the Government to take immediate and effective measures to ensure that national legislation prohibiting the sale and trafficking of children under 18 years of age for labour and sexual exploitation is adopted as a matter of urgency, and to provide for sufficiently effective and dissuasive penalties in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performance. Prostitution. The Committee previously observed that the use of children, both boys and girls under 18 years of age, for prostitution, for example, by a client, did not seem to be prohibited. The Committee reminded the Government that Article 3(b) of the Convention requires member States to ensure that the use, procuring or offering of both boys and girls under 18 years of age for prostitution is strictly prohibited.

The Committee notes the Government’s indication that the new laws on trafficking in persons will also include provisions to ensure that the use of children under 18 years of age for prostitution is prohibited. The Committee requests the Government to take immediate measures to ensure that the new laws on trafficking are adopted as a matter of urgency and include provisions prohibiting the use of children under 18 years of age for the purpose of prostitution.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous work. The Committee previously expressed the hope that the draft Bill containing provisions prohibiting the employment of children under the age of 18 years in hazardous work would be adopted in the near future.

The Committee notes the Government’s indication that the draft Bill is expected to be adopted in 2014. In addition, the Committee notes that a tripartite workshop was conducted in August 2013 in the Seychelles in the framework of the technical assistance programme, the Special Programme Account project (SPA). It notes with interest that this technical assistance resulted in the drafting of a zero draft list of hazardous types of work for children under 18 years of age. This list includes such types of work as: the handling of or exposure to any harmful chemicals or substances; building, demolition and removal of debris; handling animal waste or sewage; working in landfills and garbage trucks; working underwater; working in confined spaces; transportation and handling of dangerous goods and packages; taking care of patients in medical establishments; and working as a petrol station attendant. In this regard, the Committee notes the indication contained in the mission report of the tripartite workshop conducted in the framework of the SPA, according to which the Ministry of Labour and Human Resource Development (MLHRD) wishes to formalize this list by November 2013. The Committee requests the Government to provide a copy of the adopted list of hazardous types of work along with its next report.

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, since 2010, the Ministry of Education has introduced a technical and vocational education and training (TVET) programme for secondary school students aged at least 16 years who have academic difficulty in following the school curriculum, which serves as a means to deter students who are academically weak from dropping out of school. The Committee noted, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 23 January 2012 (CRC/C/SYC/CO/2-4, paragraph 59), remained concerned at the high drop-out rates, truancy and absenteeism, especially among boys, and inadequate vocational training for girls.

The Committee notes the Government’s information that the initial number of students in the TVET programme was 139, and that 91 of these students successfully completed the programme. The Government indicates that enrolment in the TVET programme has increased from 2012 to 2013, that the gap between enrolment rates has been reduced, and that the TVET programme will eventually be offered to all students, including those who are better performing. Moreover, the Government indicates that the Education Sector Medium Term Strategy for 2013–17 includes TVET as a cross-cutting issue. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to pursue its efforts to decrease the drop-out rates and reduce the number of out-of-school children, paying special attention to boys, as well as to take measures to provide adequate vocational training for girls.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child trafficking and commercial sexual exploitation. The Committee previously noted that the CRC, in its concluding observations of 23 January 2012 (CRC/C/SYC/CO/2-4, paragraphs 63 and 65) expressed concern at the lack of mechanisms to identify child trafficking victims and provide them with protection and rehabilitation services. It also noted that the CRC expressed deep concern at the prevalence of sexual exploitation of both boys and girls, and the incidence of child sex tourism and the lack of data on the victims of these violations.

The Committee notes the Government’s indication that it is taking steps to put facilities in place for the rehabilitation of victims of trafficking and commercial sexual exploitation. In addition, the Government indicates that the Social Affairs Department is collaborating with the Ministry of Education to identify children who may be at risk of sexual exploitation. Both ministries have joint and targeted intervention strategies to better address the needs of these children and to take remedial action, including rehabilitation programmes. The Committee requests the Government to provide concrete information on the intervention strategies and rehabilitation programmes aimed at providing direct assistance to child victims of trafficking and commercial sexual exploitation, and on the number of these children who have been effectively rehabilitated and socially integrated.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the CRC, in its concluding observations (paragraphs 22, 61 and 63), expressed concern at the lack of information on the employment of children in the informal economy and the tourism industry, at the lack of data on the number of complaints, investigations and prosecutions with regard to the commercial sexual exploitation of children, and at the lack of an effective system of data collection which allows for assessment, analysis and evaluation of the situation of children in the country. The Committee noted the Government’s intention to seek technical assistance from the ILO to undertake a study on child labour.

The Committee notes the Government’s information that it still does not possess data on the worst forms of child labour. The Committee strongly urges the Government to take the necessary measures to ensure that sufficient data on the involvement of children in the worst forms of child labour, in particular trafficking and commercial sexual exploitation, are available. It once again requests the Government to provide statistical information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. The Committee previously noted that, by virtue of section 245 of the Penal Code, kidnapping or abduction in order to subject a person to grievous harm, slavery or prostitution, is a felony. It notes that by virtue of section 239 of the Penal Code, conveying a person beyond the limit of Seychelles without his consent or the consent of the legally authorized person amounts to “kidnapping”. Likewise, compelling by force or inducing another person to go from any place leads to “abduction” of that person (section 241 of the Penal Code). The Committee also notes that according to sections 138 and 143 of the Penal Code, procuring or attempting to procure a woman or another person under the age of 21 years for prostitution either in Seychelles or elsewhere is a punishable offence. The Committee observes, however, that there appears to be no provision that specifically prohibits trafficking of children under the age of 18 years for labour and sexual exploitation. The Committee notes from the Government’s report that a national committee has been set up by the Attorney General’s Office to undertake necessary action to harmonize all national laws with that of the Convention. In this regard, the Committee requests the Government to take the necessary measures to incorporate a provision in the national legislation prohibiting the sale and trafficking of children under the age of 18 years for labour and sexual exploitation and to provide for sufficiently effective and dissuasive penalties for its violation. It requests the Government to provide information on any progress made in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performance. 1. Prostitution. The Committee previously noted sections 138 and 139 of the Penal Code, according to which procuring or attempting to procure a girl or a woman under 21 years of age for prostitution is a misdemeanour. It requested the Government to indicate whether any legislative provisions exist to protect boys under 18 years from being used, procured or offered for prostitution.

The Committee notes that according to sections 143 and 144 of the Penal Code whoever procures, entices or leads away, for purposes of prostitution, another person under 21 years of age is guilty of a misdemeanour. The Committee observes, however, that the use of children, both boys and girls under 18 years of age for prostitution, for example, by a client, does not seem to be prohibited. The Committee reminds the Government that Article 3(b) of the Convention requires member States to ensure that the use, procuring or offering of both boys and girls under 18 years of age for prostitution is strictly prohibited. The Committee therefore requests the Government to take the necessary measures to ensure that the use of children under 18 years of age for the purpose of prostitution is prohibited. It requests the Government to provide information on the progress made in this regard.

2. Pornography. The Committee notes that according to section 152 of the Penal Code any person who makes, purchases, hires, sells, publishes, exposes or has in his possession any indecent material or publicly exhibits, appears, performs or takes part in any indecent show is guilty of an offence and shall be liable to imprisonment for five years. In this section “indecent material” includes any indecent or obscene writing, photograph, painting, picture, cinematographic film, cassettes, disc etc. Furthermore, according to section 172 of the Penal Code any person who makes, produces, distributes, advertises, exhibits, exports or imports or has in his possession any obscene writings, paintings, printed materials, photographs or films or assists or take part in any indecent shows or performances is guilty of a misdemeanour. The Committee further notes that according to section 75(1) of the Children’s Act, no person shall cause or procure a child (under the age of 18 years) to be used for or take part in or in connection with any felony, misdemeanour or any other act which is an offence under any written law. Subsection (3) of section 75 further states that any person who contravenes subsection (1) is guilty of an offence and is liable to imprisonment for 5 years and to a fine.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous work. The Committee previously noted that section 22 of the Conditions of Employment Regulations only provides for the prohibition of limited categories of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children under 18. It further noted the Government’s indication that the Department of Employment is working on a new provision to be included under the Conditions of Employment Regulations to ensure that the health, safety and morals of children under the age of 18 years are not exposed to any hazards.

The Committee notes the Government’s information that the Ministry of Labour and Human Resource Development has incorporated in the draft Bill revising the Conditions of Employment Regulations, a provision prohibiting the employment of children under the age of 18 years in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Government also indicates that it, in consultation with the employers’ and workers’ organizations, is also considering to incorporate in the draft Bill a provision determining the types of hazardous work prohibited to children under 18 years. The Committee expresses the firm hope that the draft Bill containing provisions prohibiting the employment of children under the age of 18 years in hazardous work will be adopted in the near future. It trusts that the draft Bill will also contain provisions determining the types of hazardous work prohibited to children under the age of 18 years. It requests the Government to provide a copy of the draft Bill, once it has been adopted.

Article 6(1). Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that the National Council for Children has undertaken several sensitization campaigns to raise awareness on child rights and child protection. The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 23 January 2012 (CRC/C/AYC/CO/2-4, paragraph 14) expressed concern that the National Plan of Action for Children adopted for the period 2005–09, had not been evaluated and that no subsequent comprehensive plan or strategies for children had been adopted. It also notes the concerns expressed by the CRC that while tourism and fisheries constituted the pillars of Seychelles economy, the Government had not yet adopted any measures to protect children from tourism-related activities, child sex tourism and child prostitution. The Committee accordingly requests the Government to adopt a national strategy or plan for preventing and eliminating the worst forms of child labour, particularly commercial sexual exploitation. It requests the Government to provide information on any measures taken 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 notes from the Government’s report that since 2010, the Ministry of Education has introduced a Technical and Vocational Education and Training (TVET) programme for secondary school students aged at least 16 years who have academic difficulty in following the school curriculum. According to the Government’s report, this programme serves as a means to deter students who are academically weak, from dropping out of school. The Committee also notes from the Government’s report that students who are economically disadvantaged are provided financial support through a dedicated fund by the Government since 2009. It further notes the Government’s indication in its written replies to the list of issues raised by the CRC (CRC/C/SYC/Q/2-4/Add.1, 14 September 2011) that according to recent statistics, 732 secondary school students were accessing the dedicated fund. The Committee notes, however, that the CRC, in its concluding observations of 23 January 2012 (CRC/C/SYC/CO/2-4, para. 59) remained concerned at the high drop-out rates, truancy and absenteeism, especially among boys, and inadequate vocational training for girls. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to decrease the drop-out rates and reduce the number of out-of-school children, paying special attention to boys, as well as to take measures to provide adequate vocational training for girls. It requests the Government to provide information on the measures taken to this end, and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child trafficking and commercial sexual exploitation. The Committee notes the Government’s information that the Department of Social Development in partnership with the Ministry of Education is working on a Juvenile Project on Child Rehabilitation to bring back children at risk and school dropouts on the path towards success. In addition to care and assistance, the Juvenile project provides educational, psychological and integration programmes to vulnerable children as well as child victims of worst forms of child labour. The Committee notes that the CRC, in its concluding observations of 23 January 2012 (CRC/C/SYC/CO/2-4, paragraphs 63 and 65) expressed concern at the lack of mechanisms to identify child trafficking victims and provide them with protection and rehabilitation services. It also notes that the CRC expressed deep concern at the prevalence of sexual exploitation of both boys and girls, and the incidence of child sex tourism and the lack of data on the victims of these violations. The Committee requests the Government to take effective and time-bound measures to identify child victims of trafficking and commercial sexual exploitation and to provide the necessary and appropriate direct assistance for their removal as well as to ensure their rehabilitation and social integration. It requests the Government to provide information on specific measures taken in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that there were no reported cases of worst forms of child labour in the country and to date, neither the Child Protection Unit of the Social Services Division nor the Family Support Squad Unit of the Police Department had recorded any cases or incidents of trafficking or harbouring of children for sexual exploitation. The Committee notes, however, that the CRC, in its concluding observations (paragraphs 22, 61 and 63) expressed concern at the lack of information on the employment of children in the informal sector and the tourism industry; the lack of data on the number of complaints, investigations and prosecutions with regard to the commercial sexual exploitation of children and at the lack of an effective system of data collection which allows for assessment, analysis and evaluation of the situation of children in the country. The Committee notes the Government’s intention to seek technical assistance from the ILO to undertake a study on child labour. The Committee urges the Government to take the necessary measures to ensure that sufficient data on the involvement of children in the worst forms of child labour, in particular trafficking and commercial sexual exploitation is available. It also requests the Government to provide statistical information on the nature, extent, and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Finally, in response to the Government’s request for technical assistance from the Office, the Committee requests the Office to take the necessary measures to respond positively.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously noted the Government’s indication that the worst forms of child labour do not exist in Seychelles. It had also stated that the children of Seychelles have long been seen as the inspiration to continued social development and prosperity. The Committee had pointed out that, even in the absence of the worst forms of child labour, Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour so as to make sure that they do not occur in the future. The Committee consequently requests the Government to provide a general overview of any measures taken or envisaged to ensure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had noted that, by virtue of section 245 of the Penal Code, kidnapping or abduction in order to subject a person to grievous harm, slavery or prostitution, is a felony. Noting the Government’s indication in its initial report to the Committee on the Rights of the Child in May 2002 (CRC/C/3/Add.64, paragraph 508), that “[r]eports of trafficking or harbouring of children with a view to using them for sexual exploitation, though very few, is an area of concern”, the Committee had requested the Government to provide information on such incidents and on the steps taken to eliminate such worst forms of child labour. The Committee noted the absence of information in the Government’s report on this point. The Committee once again requests the Government to provide more information on the incidents of trafficking or harbouring of children for sexual exploitation and the steps taken to eliminate this worst form of child labour in accordance with the provisions of the Convention including, for instance, by means of law enforcement and the provision of remedies for victims.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. The Committee had previously noted sections 138–146 of the Penal Code, according to which procuring or attempts to procure a girl or a woman under 21 years of age for prostitution is a misdemeanour. It had also noted that, under section 172 of the Penal Code, the production, making and possession of obscene matter, as well as the public exhibition of any indecent shows or performances are misdemeanours. The Committee noted that the Government has not replied to its previous comment and therefore once again requests the Government to indicate whether legislative provisions exist to protect boys under 18 from being used, procured or offered for prostitution or pornography.

Article 3(d), and Article 4(1). Hazardous work and determination of hazardous work. Following its previous comments, the Committee noted the Government’s indication that the Department of Employment is working on a new provision to be included under the Conditions of Employment Regulations to ensure that the health, safety and morals of children under the age of 18 years are not exposed to any hazards. The Committee hopes that the above amendment will be adopted promptly and requests the Government to send a copy of same once it has been adopted.

With respect to the types of employment or work that should be prohibited to young persons under 18 years of age, the Committee had previously observed that section 22 of the Conditions of Employment Regulations provides for the prohibition of limited categories of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18. It had requested the Government to indicate the steps taken to determine the types of hazardous work prohibited to young persons under 18 years. The Committee noted that the Government’s report contains no reply to this point. The Committee reminded the Government that, by virtue of Article 4(1), of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again requests the Government to indicate the steps taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Article 6(1). Programmes of action to eliminate the worst forms of child labour. The Committee had noted the information provided by the Government, according to which the social security system, by providing a safety net for children and their families, especially where household income is below the established subsistence level, prevents children from having to look for other income to support themselves and their families. The Committee once again requests the Government to provide further information on the social security system. It also requests the Government to indicate whether or not it envisages taking other programmes of action, in conformity with Article 6(,) of the Convention. Moreover, the Committee asks the Government to provide information on tripartite consultations that have been held as regards the need for the creation of any programmes of action.

Article 7(2). Effective and time-bound measures. The Committee had previously noted that the Government has not provided information on the existence of time-bound and effective measures to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. Noting the absence of information in the Government’s report on these points, the Committee once again requests the Government to supply information on measures taken or envisaged, as required under Article 7, clauses (a)–(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, in its concluding observations on the initial report of Seychelles in May 2002 (CRC/C/15/Add.189, paragraph 50), the Committee on the Rights of the Child expressed its concern about “the lack of data and information on the problem of sexual exploitation, including child prostitution and pornography” and had recommended the State party to undertake a comprehensive study of child sexual exploitation and prostitution which assesses the magnitude of the problem, proposes possible solutions that address its root causes and evaluates the availability and appropriateness of services for the care and protection, recovery and social reintegration of the victims, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congress Against Commercial Sexual Exploitation of Children. The Committee encourages the Government to compile and provide accurate data on child sexual exploitation. The Committee also requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and to provide information on the nature, extent and trends of the worst forms of child labour, 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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously noted the Government’s indication that the worst forms of child labour do not exist in Seychelles. It had also stated that the children of Seychelles have long been seen as the inspiration to continued social development and prosperity. The Committee had pointed out that, even in the absence of the worst forms of child labour, Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour so as to make sure that they do not occur in the future. The Committee consequently requests the Government to provide a general overview of any measures taken or envisaged to ensure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had noted that, by virtue of section 245 of the Penal Code, kidnapping or abduction in order to subject a person to grievous harm, slavery or prostitution, is a felony. Noting the Government’s indication in its initial report to the Committee on the Rights of the Child in May 2002 (CRC/C/3/Add.64, paragraph 508), that “[r]eports of trafficking or harbouring of children with a view to using them for sexual exploitation, though very few, is an area of concern”, the Committee had requested the Government to provide information on such incidents and on the steps taken to eliminate such worst forms of child labour. The Committee noted the absence of information in the Government’s report on this point. The Committee once again requests the Government to provide more information on the incidents of trafficking or harbouring of children for sexual exploitation and the steps taken to eliminate this worst form of child labour in accordance with the provisions of the Convention including, for instance, by means of law enforcement and the provision of remedies for victims.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. The Committee had previously noted sections 138–146 of the Penal Code, according to which procuring or attempts to procure a girl or a woman under 21 years of age for prostitution is a misdemeanour. It had also noted that, under section 172 of the Penal Code, the production, making and possession of obscene matter, as well as the public exhibition of any indecent shows or performances are misdemeanours. The Committee noted that the Government has not replied to its previous comment and therefore once again requests the Government to indicate whether legislative provisions exist to protect boys under 18 from being used, procured or offered for prostitution or pornography.

Article 3, clause (d), and Article 4(1). Hazardous work and determination of hazardous work. Following its previous comments, the Committee noted the Government’s indication that the Department of Employment is working on a new provision to be included under the Conditions of Employment Regulations to ensure that the health, safety and morals of children under the age of 18 years are not exposed to any hazards. The Committee hopes that the above amendment will be adopted promptly and requests the Government to send a copy of same once it has been adopted.

With respect to the types of employment or work that should be prohibited to young persons under 18 years of age, the Committee had previously observed that section 22 of the Conditions of Employment Regulations provides for the prohibition of limited categories of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18. It had requested the Government to indicate the steps taken to determine the types of hazardous work prohibited to young persons under 18 years. The Committee noted that the Government’s report contains no reply to this point. The Committee reminded the Government that, by virtue of Article 4(1), of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again requests the Government to indicate the steps taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Article 6(1). Programmes of action to eliminate the worst forms of child labour. The Committee had noted the information provided by the Government, according to which the social security system, by providing a safety net for children and their families, especially where household income is below the established subsistence level, prevents children from having to look for other income to support themselves and their families. The Committee once again requests the Government to provide further information on the social security system. It also requests the Government to indicate whether or not it envisages taking other programmes of action, in conformity with Article 6(,) of the Convention. Moreover, the Committee asks the Government to provide information on tripartite consultations that have been held as regards the need for the creation of any programmes of action.

Article 7(2). Effective and time-bound measures. The Committee had previously noted that the Government has not provided information on the existence of time-bound and effective measures to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. Noting the absence of information in the Government’s report on these points, the Committee once again requests the Government to supply information on measures taken or envisaged, as required under Article 7, clauses (a)–(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Part V of the report form. The Committee had previously noted that, in its concluding observations on the initial report of Seychelles in May 2002 (CRC/C/15/Add.189, paragraph 50), the Committee on the Rights of the Child expressed its concern about “the lack of data and information on the problem of sexual exploitation, including child prostitution and pornography” and had recommended the State party to undertake a comprehensive study of child sexual exploitation and prostitution which assesses the magnitude of the problem, proposes possible solutions that address its root causes and evaluates the availability and appropriateness of services for the care and protection, recovery and social reintegration of the victims, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congress Against Commercial Sexual Exploitation of Children. The Committee encourages the Government to compile and provide accurate data on child sexual exploitation. The Committee also requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and to provide information on the nature, extent and trends of the worst forms of child labour, 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.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously noted the Government’s indication that the worst forms of child labour do not exist in Seychelles. It had also stated that the children of Seychelles have long been seen as the inspiration to continued social development and prosperity. The Committee had pointed out that, even in the absence of the worst forms of child labour, Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour so as to make sure that they do not occur in the future. The Committee consequently requests the Government to provide a general overview of any measures taken or envisaged to ensure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had noted that, by virtue of section 245 of the Penal Code, kidnapping or abduction in order to subject a person to grievous harm, slavery or prostitution, is a felony. Noting the Government’s indication in its initial report to the Committee on the Rights of the Child in May 2002 (CRC/C/3/Add.64, paragraph 508), that “[r]eports of trafficking or harbouring of children with a view to using them for sexual exploitation, though very few, is an area of concern”, the Committee had requested the Government to provide information on such incidents and on the steps taken to eliminate such worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. The Committee once again requests the Government to provide more information on the incidents of trafficking or harbouring of children for sexual exploitation and the steps taken to eliminate this worst form of child labour in accordance with the provisions of the Convention including, for instance, by means of law enforcement and the provision of remedies for victims.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. The Committee had previously noted sections 138–146 of the Penal Code, according to which procuring or attempts to procure a girl or a woman under 21 years of age for prostitution is a misdemeanour. It had also noted that, under section 172 of the Penal Code, the production, making and possession of obscene matter, as well as the public exhibition of any indecent shows or performances are misdemeanours. The Committee notes that the Government has not replied to its previous comment and therefore once again requests the Government to indicate whether legislative provisions exist to protect boys under 18 from being used, procured or offered for prostitution or pornography.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work and determination of hazardous work. Following its previous comments, the Committee notes the Government’s indication that the Department of Employment is working on a new provision to be included under the Conditions of Employment Regulations to ensure that the health, safety and morals of children under the age of 18 years are not exposed to any hazards. The Committee hopes that the above amendment will be adopted promptly and requests the Government to send a copy of same once it has been adopted.

With respect to the types of employment or work that should be prohibited to young persons under 18 years of age, the Committee had previously observed that section 22 of the Conditions of Employment Regulations provides for the prohibition of limited categories of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18. It had requested the Government to indicate the steps taken to determine the types of hazardous work prohibited to young persons under 18 years. The Committee notes that the Government’s report contains no reply to this point. The Committee reminds the Government that, by virtue of Article 4(1), of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again requests the Government to indicate the steps taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee had noted the information provided by the Government, according to which the social security system, by providing a safety net for children and their families, especially where household income is below the established subsistence level, prevents children from having to look for other income to support themselves and their families. The Committee once again requests the Government to provide further information on the social security system. It also requests the Government to indicate whether or not it envisages taking other programmes of action, in conformity with Article 6, paragraph 1, of the Convention. Moreover, the Committee asks the Government to provide information on tripartite consultations that have been held as regards the need for the creation of any programmes of action.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had previously noted that the Government has not provided information on the existence of time-bound and effective measures to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. Noting the absence of information in the Government’s report on these points, the Committee once again requests the Government to supply information on measures taken or envisaged, as required under Article 7, clauses (a)–(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Part V of the report form. The Committee had previously noted that, in its concluding observations on the initial report of Seychelles in May 2002 (CRC/C/15/Add.189, paragraph 50), the Committee on the Rights of the Child expressed its concern about “the lack of data and information on the problem of sexual exploitation, including child prostitution and pornography” and had recommended the State party to undertake a comprehensive study of child sexual exploitation and prostitution which assesses the magnitude of the problem, proposes possible solutions that address its root causes and evaluates the availability and appropriateness of services for the care and protection, recovery and social reintegration of the victims, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congress Against Commercial Sexual Exploitation of Children. The Committee encourages the Government to compile and provide accurate data on child sexual exploitation. The Committee also requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and to provide information on the nature, extent and trends of the worst forms of child labour, 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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously noted the Government’s indication that the worst forms of child labour do not exist in Seychelles. It had also stated that the children of Seychelles have long been seen as the inspiration to continued social development and prosperity. The Committee had pointed out that, even in the absence of the worst forms of child labour, Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour so as to make sure that they do not occur in the future. The Committee consequently requests the Government to provide a general overview of any measures taken or envisaged to ensure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had noted that, by virtue of section 245 of the Penal Code, kidnapping or abduction in order to subject a person to grievous harm, slavery or prostitution, is a felony. Noting the Government’s indication in its initial report to the Committee on the Rights of the Child in May 2002 (CRC/C/3/Add.64, paragraph 508), that “[r]eports of trafficking or harbouring of children with a view to using them for sexual exploitation, though very few, is an area of concern”, the Committee had requested the Government to provide information on such incidents and on the steps taken to eliminate such worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. The Committee once again requests the Government to provide more information on the incidents of trafficking or harbouring of children for sexual exploitation and the steps taken to eliminate this worst form of child labour in accordance with the provisions of the Convention including, for instance, by means of law enforcement and the provision of remedies for victims.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. The Committee had previously noted sections 138–146 of the Penal Code, according to which procuring or attempts to procure a girl or a woman under 21 years of age for prostitution is a misdemeanour. It had also noted that, under section 172 of the Penal Code, the production, making and possession of obscene matter, as well as the public exhibition of any indecent shows or performances are misdemeanours. The Committee notes that the Government has not replied to its previous comment and therefore once again requests the Government to indicate whether legislative provisions exist to protect boys under 18 from being used, procured or offered for prostitution or pornography.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work and determination of hazardous work. Following its previous comments, the Committee notes the Government’s indication that the Department of Employment is working on a new provision to be included under the Conditions of Employment Regulations to ensure that the health, safety and morals of children under the age of 18 years are not exposed to any hazards. The Committee hopes that the above amendment will be adopted promptly and requests the Government to send a copy of same once it has been adopted.

With respect to the types of employment or work that should be prohibited to young persons under 18 years of age, the Committee had previously observed that section 22 of the Conditions of Employment Regulations provides for the prohibition of limited categories of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18. It had requested the Government to indicate the steps taken to determine the types of hazardous work prohibited to young persons under 18 years. The Committee notes that the Government’s report contains no reply to this point. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again requests the Government to indicate the steps taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee had noted the information provided by the Government, according to which the social security system, by providing a safety net for children and their families, especially where household income is below the established subsistence level, prevents children from having to look for other income to support themselves and their families. The Committee once again requests the Government to provide further information on the social security system. It also requests the Government to indicate whether or not it envisages taking other programmes of action, in conformity with Article 6, paragraph 1, of the Convention. Moreover, the Committee asks the Government to provide information on tripartite consultations that have been held as regards the need for the creation of any programmes of action.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had previously noted that the Government has not provided information on the existence of time-bound and effective measures to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. Noting the absence of information in the Government’s report on these points, the Committee once again requests the Government to supply information on measures taken or envisaged, as required under Article 7, clauses (a)–(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Part V of the report form. The Committee had previously noted that, in its concluding observations on the initial report of Seychelles in May 2002 (CRC/C/15/Add.189, paragraph 50), the Committee on the Rights of the Child expressed its concern about “the lack of data and information on the problem of sexual exploitation, including child prostitution and pornography” and had recommended the State party to undertake a comprehensive study of child sexual exploitation and prostitution which assesses the magnitude of the problem, proposes possible solutions that address its root causes and evaluates the availability and appropriateness of services for the care and protection, recovery and social reintegration of the victims, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congress Against Commercial Sexual Exploitation of Children. The Committee encourages the Government to compile and provide accurate data on child sexual exploitation. The Committee also requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and to provide information on the nature, extent and trends of the worst forms of child labour, 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.

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

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously noted the Government’s indication that the worst forms of child labour do not exist in Seychelles. It had also stated that the children of Seychelles have long been seen as the inspiration to continued social development and prosperity. The Committee had pointed out that, even in the absence of the worst forms of child labour, Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour so as to make sure that they do not occur in the future. The Committee consequently requests the Government to provide a general overview of any measures taken or envisaged to ensure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had noted that, by virtue of section 245 of the Penal Code, kidnapping or abduction in order to subject a person to grievous harm, slavery or prostitution, is a felony. Noting the Government’s indication in its initial report to the Committee on the Rights of the Child in May 2002 (CRC/C/3/Add.64, paragraph 508), that “[r]eports of trafficking or harbouring of children with a view to using them for sexual exploitation, though very few, is an area of concern”, the Committee had requested the Government to provide information on such incidents and on the steps taken to eliminate such worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. The Committee once again requests the Government to provide more information on the incidents of trafficking or harbouring of children for sexual exploitation and the steps taken to eliminate this worst form of child labour in accordance with the provisions of the Convention including, for instance, by means of law enforcement and the provision of remedies for victims.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. The Committee had previously noted sections 138–146 of the Penal Code, according to which, procuring or attempts to procure a girl or a woman under 21 years of age for prostitution is a misdemeanour. It had also noted that, under section 172 of the Penal Code, the production, making and possession of obscene matter, as well as the public exhibition of any indecent shows or performances are misdemeanours. The Committee notes that the Government has not replied to its previous comment and therefore once again requests the Government to indicate whether legislative provisions exist to protect boys under 18 from being used, procured or offered for prostitution or pornography.  

Article 3, clause (d,) and Article 4, paragraph 1. Hazardous work and determination of hazardous work. Following its previous comments, the Committee notes the Government’s indication that the Department of Employment is working on a new provision to be included under the Conditions of Employment Regulations to ensure that the health, safety and morals of children under the age of 18 years are not exposed to any hazards. The Committee hopes that the above amendment will be adopted promptly and requests the Government to send a copy of same once it has been adopted.

With respect to the types of employment or work that should be prohibited to young persons under 18 years of age, the Committee had previously observed that section 22 of the Conditions of Employment Regulations provides for the prohibition of limited categories of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18. It had requested the Government to indicate the steps taken to determine the types of hazardous work prohibited to young persons under 18 years. The Committee notes that the Government’s report contains no reply to this point. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again requests the Government to indicate the steps taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee had noted the information provided by the Government, according to which the social security system, by providing a safety net for children and their families, especially where household income is below the established subsistence level, prevents children from having to look for other income to support themselves and their families. The Committee once again requests the Government to provide further information on the social security system. It also requests the Government to indicate whether or not it envisages taking other programmes of action, in conformity with Article 6, paragraph 1, of the Convention. Moreover, the Committee asks the Government to provide information on tripartite consultations that have been held as regards the need for the creation of any programmes of action.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had previously noted that the Government has not provided information on the existence of time-bound and effective measures to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. Noting the absence of information in the Government’s report on these points, the Committee once again requests the Government to supply information on measures taken or envisaged, as required under Article 7, clauses (a)–(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Part V of the report form. The Committee had previously noted that, in its concluding observations on the initial report of Seychelles in May 2002 (CRC/C/15/Add.189, paragraph 50), the Committee on the Rights of the Child expressed its concern about “the lack of data and information on the problem of sexual exploitation, including child prostitution and pornography” and had recommended the State party to undertake a comprehensive study of child sexual exploitation and prostitution which assesses the magnitude of the problem, proposes possible solutions that address its root causes and evaluates the availability and appropriateness of services for the care and protection, recovery and social reintegration of the victims, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congress Against Commercial Sexual Exploitation of Children. The Committee encourages the Government to compile and provide accurate data on child sexual exploitation. The Committee also requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and to provide information on the nature, extent and trends of the worst forms of child labour, 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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indication in its first report that the worst forms of child labour do not exist in Seychelles. It also states that the children of Seychelles have long been seen as the inspiration to continued social development and prosperity. The Committee points out that even in the absence of the worst forms of child labour, Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour so as to make sure that they do not occur in the future. The Committee consequently requests the Government to provide a general overview of any measures taken or envisaged to ensure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, by virtue of section 245 of the Penal Code, kidnapping or abduction in order to subject a person to grievous harm, slavery or prostitution is a felony. The Committee also notes that, in its initial report to the Committee on the Rights of the Child in May 2002 (CRC/C/3/Add.64, paragraph 508), the Government indicated that "[r]eports of trafficking or harbouring of children with a view to using them for sexual exploitation, though very few, is an area of concern". The Committee asks the Government to provide more information on these incidents and steps taken to eliminate this worst form of child labour in accordance with the provisions of the Convention including, for instance, by means of law enforcement and the provision of remedies for victims.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. The Committee notes that, by virtue of sections 138 to 146 of the Penal Code, procuring or attempts to procure a girl or a woman under 21 years of age for prostitution is a misdemeanour. It also notes that, under section 172 of the Penal Code, the production, making and possession of obscene matters, as well as the public exhibition of any indecent shows or performances are misdemeanours. The Committee requests the Government to indicate whether legislative provisions exist to protect boys under 18 from being used, procured or offered for prostitution or pornography.

The Committee notes that, in its concluding observations on the initial report of Seychelles in May 2002 (CRC/C/15/Add.189, paragraph 50), the Committee on the Rights of the Child expressed its concern about "the lack of data and information on the problem of sexual exploitation, including child prostitution and pornography". The Committee on the Rights of the Child recommended that "the State party undertake a comprehensive study of child sexual exploitation and prostitution which assesses the magnitude of the problem, proposes possible solutions that address its root causes and evaluates the availability and appropriateness of services for the care and protection, recovery and social reintegration of the victims, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children". The Committee encourages the Government to compile and provide accurate data on child sexual exploitation.

Clause (d) and Article 4. Hazardous work. Paragraph 1. Determination of hazardous work. The Committee notes that, under the terms of section 22 of the Conditions of Employment Regulations, a person shall not employ another under the age of 18 years in a hotel, guesthouse, boarding house, any place where tourists are accommodated, restaurant, shop, bar, nightclub, dance hall, discotheque or similar place of entertainment or on a ship or aircraft. It observes that section 22 only provides for the prohibition of limited categories of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18.

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation (No. 190), 1999. In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee notes that the national legislation does not seem to prohibit the employment of persons under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, apart from the limited categories mentioned above. The Committee therefore requests the Government to indicate the steps taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph, which requires that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work determined under Article 4, paragraph 1, of the Convention exist. The Committee requests the Government to provide information on measures taken or envisaged to determine where the types of work so determined exist, and to communicate the results of the findings. It also asks the Government to indicate if the organizations of employers and workers concerned were consulted.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its first report, according to which the Department of Social Services in the Ministry of Social Affairs and Employment has the statutory responsibility to promote and safeguard the welfare of children under the Children Act. It also notes that, in its initial report to the Committee on the Rights of the Child (CRC/C/3/Add.64, paragraph 15), the Government indicated that interdepartmental groups have been set up to improve coordination, including a child protection committee, now the National Commission for Child Protection, and there is also a national council for children. It also indicated that the National Commission includes the participation of NGOs as well as representatives of the police force, educators, health services, industries, the judiciary and the Ministry of Justice. It meets monthly and advises the Government on all policies
related to child protection (CRC/C/SR.815, paragraph 29). Non-governmental organizations and agencies also share responsibility for the identification, prevention and reporting of child abuse. Moreover, the Government stated that it has established various intersectoral mechanisms to ensure effective collaborative action. The Committee requests the Government to provide more information on the activities of the Department of Social Services in the Ministry of Social Affairs and Employment, the National Commission for Child Protection as well as to the various NGOs and agencies which share responsibility for the identification, prevention and reporting of child abuse. It also asks the Government to indicate whether tripartite consultations have been held as regards the need for the creation of an effective system to monitor the application of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the information provided by the Government in its first report, according to which the social security system, by providing a safety net for children and their families especially where household income is below the established subsistence level, prevents children from having to look for other income to support themselves and their families. The Committee encourages the Government to continue to provide information on the social security system. It also requests the Government to indicate whether or not it envisages taking other programmes of action, in conformity with Article 6, paragraph 1, of the Convention. Moreover, the Committee asks the Government to provide information on tripartite consultations that have been held as regards the need for the creation of any programmes of action.

Paragraph 2. Consultation with relevant government institutions and employers’ and workers’ organizations, and other concerned groups. The Committee notes that in its initial report to the Committee on the Rights of the Child (CRC/C/3/Add.64, paragraph 15), the Government indicated that when consideration is being given to introducing new legislation, or amending existing legislation, or establishing new policy initiatives concerning children, regular consultation takes place to ensure that all the implications and consequences of the changes are fully considered both at an early stage and throughout the process.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its report. In particular, it notes that, by virtue of section 5 of the Penal Code, "felony", "misdemeanour" and "offence" are defined and punishable by law. According to section 75A of the Children Act, a person who makes a child be part or in connection with any felony, misdemeanour or any offence under written law is guilty of an offence and liable to imprisonment for five years and to a fine of SR50,000. The Government also notes that under the Conditions of Employment Regulations, as amended, a person guilty of an offence is liable for a fine from SR1,000 to SR10,000 and in the case of continuing offence, to an additional penalty of SR200 for each day. Moreover, it notes that section 9(3) of the Education Act provides that in case of failure to attend or neglect to regularly attend at school in accordance with an order, each of the parents is guilty of an offence and liable to a fine of SR1,000 and to imprisonment for three months. The Committee requests the Government to provide information on how penal sanctions are applied in practice.

Paragraph 2. Effective and time-bound measures. The Committee notes that the Government has not provided information on the existence of time-bound and effective measures to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. The Committee requests the Government to supply information on measures taken or envisaged, as required under Article 7, clauses (a) to (e) of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Paragraph 3. Competent authority responsible for the implementation of the Convention. Noting that the Government has provided no information with respect to Article 7, paragraph 3, of the Convention, the Committee asks the Government to indicate the authority or authorities responsible for the implementation of the provisions giving effect to this Convention, and by what methods such implementation is supervised.

Part III of the report form. The Committee asks the Government to state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply the text of these decisions.

Part IV of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in Seychelles, and to indicate any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed action against the worst forms of child labour.

Part V of the report form. The Committee requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and to provide information on the nature, extent and trends of the worst forms of child labour, 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.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s first and second reports and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indication in its first report that the worst forms of child labour do not exist in Seychelles. It also states that the children of Seychelles have long been seen as the inspiration to continued social development and prosperity. The Committee points out that even in the absence of the worst forms of child labour, Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour so as to make sure that they do not occur in the future. The Committee consequently requests the Government to provide a general overview of any measures taken or envisaged to ensure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, by virtue of section 245 of the Penal Code, kidnapping or abduction in order to subject a person to grievous harm, slavery or prostitution is a felony. The Committee also notes that, in its initial report to the Committee on the Rights of the Child in May 2002 (CRC/C/3/Add.64, paragraph 508), the Government indicated that "[r]eports of trafficking or harbouring of children with a view to using them for sexual exploitation, though very few, is an area of concern". The Committee asks the Government to provide more information on these incidents and steps taken to eliminate this worst form of child labour in accordance with the provisions of the Convention including, for instance, by means of law enforcement and the provision of remedies for victims.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. The Committee notes that, by virtue of sections 138 to 146 of the Penal Code, procuring or attempts to procure a girl or a woman under 21 years of age for prostitution is a misdemeanour. It also notes that, under section 172 of the Penal Code, the production, making and possession of obscene matters, as well as the public exhibition of any indecent shows or performances are misdemeanours. The Committee requests the Government to indicate whether legislative provisions exist to protect boys under 18 from being used, procured or offered for prostitution or pornography.

The Committee notes that, in its concluding observations on the initial report of Seychelles in May 2002 (CRC/C/15/Add.189, paragraph 50), the Committee on the Rights of the Child expressed its concern about "the lack of data and information on the problem of sexual exploitation, including child prostitution and pornography". The Committee on the Rights of the Child recommended that "the State party undertake a comprehensive study of child sexual exploitation and prostitution which assesses the magnitude of the problem, proposes possible solutions that address its root causes and evaluates the availability and appropriateness of services for the care and protection, recovery and social reintegration of the victims, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children". The Committee encourages the Government to compile and provide accurate data on child sexual exploitation.

Clause (d) and Article 4. Hazardous work. Paragraph 1. Determination of hazardous work. The Committee notes that, under the terms of section 22 of the Conditions of Employment Regulations, a person shall not employ another under the age of 18 years in a hotel, guesthouse, boarding house, any place where tourists are accommodated, restaurant, shop, bar, nightclub, dance hall, discotheque or similar place of entertainment or on a ship or aircraft. It observes that section 22 only provides for the prohibition of limited categories of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18.

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation (No. 190), 1999. In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee notes that the national legislation does not seem to prohibit the employment of persons under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, apart from the limited categories mentioned above. The Committee therefore requests the Government to indicate the steps taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph, which requires that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work determined under Article 4, paragraph 1, of the Convention exist. The Committee requests the Government to provide information on measures taken or envisaged to determine where the types of work so determined exist, and to communicate the results of the findings. It also asks the Government to indicate if the organizations of employers and workers concerned were consulted.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its first report, according to which the Department of Social Services in the Ministry of Social Affairs and Employment has the statutory responsibility to promote and safeguard the welfare of children under the Children Act. It also notes that, in its initial report to the Committee on the Rights of the Child (CRC/C/3/Add.64, paragraph 15), the Government indicated that interdepartmental groups have been set up to improve coordination, including a child protection committee, now the National Commission for Child Protection, and there is also a national council for children. It also indicated that the National Commission includes the participation of NGOs as well as representatives of the police force, educators, health services, industries, the judiciary and the Ministry of Justice. It meets monthly and advises the Government on all policies
related to child protection (CRC/C/SR.815, paragraph 29). Non-governmental organizations and agencies also share responsibility for the identification, prevention and reporting of child abuse. Moreover, the Government stated that it has established various intersectoral mechanisms to ensure effective collaborative action. The Committee requests the Government to provide more information on the activities of the Department of Social Services in the Ministry of Social Affairs and Employment, the National Commission for Child Protection as well as to the various NGOs and agencies which share responsibility for the identification, prevention and reporting of child abuse. It also asks the Government to indicate whether tripartite consultations have been held as regards the need for the creation of an effective system to monitor the application of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the information provided by the Government in its first report, according to which the social security system, by providing a safety net for children and their families especially where household income is below the established subsistence level, prevents children from having to look for other income to support themselves and their families. The Committee encourages the Government to continue to provide information on the social security system. It also requests the Government to indicate whether or not it envisages taking other programmes of action, in conformity with Article 6, paragraph 1, of the Convention. Moreover, the Committee asks the Government to provide information on tripartite consultations that have been held as regards the need for the creation of any programmes of action.

Paragraph 2. Consultation with relevant government institutions and employers’ and workers’ organizations, and other concerned groups. The Committee notes that in its initial report to the Committee on the Rights of the Child (CRC/C/3/Add.64, paragraph 15), the Government indicated that when consideration is being given to introducing new legislation, or amending existing legislation, or establishing new policy initiatives concerning children, regular consultation takes place to ensure that all the implications and consequences of the changes are fully considered both at an early stage and throughout the process.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its report. In particular, it notes that, by virtue of section 5 of the Penal Code, "felony", "misdemeanour" and "offence" are defined and punishable by law. According to section 75A of the Children Act, a person who makes a child be part or in connection with any felony, misdemeanour or any offence under written law is guilty of an offence and liable to imprisonment for five years and to a fine of SR50,000. The Government also notes that under the Conditions of Employment Regulations, as amended, a person guilty of an offence is liable for a fine from SR1,000 to SR10,000 and in the case of continuing offence, to an additional penalty of SR200 for each day. Moreover, it notes that section 9(3) of the Education Act provides that in case of failure to attend or neglect to regularly attend at school in accordance with an order, each of the parents is guilty of an offence and liable to a fine of SR1,000 and to imprisonment for three months. The Committee requests the Government to provide information on how penal sanctions are applied in practice.

Paragraph 2. Effective and time-bound measures. The Committee notes that the Government has not provided information on the existence of time-bound and effective measures to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. The Committee requests the Government to supply information on measures taken or envisaged, as required under Article 7, clauses (a) to (e) of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Paragraph 3. Competent authority responsible for the implementation of the Convention. Noting that the Government has provided no information with respect to Article 7, paragraph 3, of the Convention, the Committee asks the Government to indicate the authority or authorities responsible for the implementation of the provisions giving effect to this Convention, and by what methods such implementation is supervised.

Part III of the report form. The Committee asks the Government to state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply the text of these decisions.

Part IV of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in Seychelles, and to indicate any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed action against the worst forms of child labour.

Part V of the report form. The Committee requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and to provide information on the nature, extent and trends of the worst forms of child labour, 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.