Worst Forms of Child Labour Convention, 1999 (No. 182) - Solomon Islands (Ratification: 2012)

Individual Case (CAS) - Discussion: 2022, Publication: 110th ILC session (2022)

Discussion by the Committee

The Chairperson – The first case this morning concerns the implementation of the Worst Forms of Child Labour Convention, 1999 (No. 182), by the Solomon Islands. I must inform the Committee that the Government of the Solomon Islands is accredited to the Conference but has not registered with our Committee. Therefore, the case is going to be discussed in the absence of the Government, but the representative of the Solomon Islands has sent a written communication to this Committee. I am going to ask the representative of the Secretary-General to share with the members of the Committee the contents of that communication.

Representative of the Secretary-General – We received a message from the Chief Labour Officer of the Ministry of Commerce, Industry, Labour and Immigration of the Solomon Islands an hour ago and I am going to read it out to you because it is addressed to the entire Committee.

“Dear Colleagues,

I regret to inform the Committee that the Government of Solomon Islands is unable to take the floor before the Committee today, as we were interrupted by long holidays in the past couple of days and that affected our preparation for this important session.

However, we have noted the comments made by the Committee of Experts and we are happy to provide the information needed by the Committee in our next reporting schedule.

We hope that the Committee takes note of our interest to appear and understands our situation.

Thank you very much for your understanding in this matter.”

Employer members – This case involves the application of a fundamental Convention in the Solomon Islands. I emphasize that this is the first time that the Committee is discussing the application of this Convention, which was ratified by the Solomon Islands in 2012. The Committee of Experts has made an observation and a direct request on the application of this Convention.

We regret that the Government is not participating in this discussion; it is undoubtedly very important for the work of this Committee to hear the observations of the governments regarding the application of the Conventions, and we regret that this is due to public holidays. However, we appreciate the fact that information has been provided clarifying some issues related to the application of the Convention.

The observations of the Committee of Experts outline very serious issues regarding the inadequate implementation of the Convention in the Solomon Islands. Let me summarize them in two points. First, in relation to Article 3(a), which prohibits “all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict”. The Committee of Experts noted that the Immigration Act (Act No. 3 of 2012) criminalizes trafficking of children under 18 years of age and provides for sanctions of fines or imprisonment.

In this regard, the Government stated in its report that the Solomon Islands Immigration Division reported three cases of child trafficking during the period covering January to March 2020 and these cases resulted in acquittals. Similarly, the Government reported that there is evidence of the sale and trafficking of children, especially girls, by their parents to foreign workers. These facts have also been reported and noted with great concern by the United Nations Committee on the Rights of the Child.

In a study on the Solomon Islands published in 2019, the International Organization for Migration also emphasized the high number of reported cases of sexual exploitation and trafficking of children in communities near logging camps. It is for this reason that the Employers support the requests already made by the Committee of Experts for the Government to adopt all the necessary and urgent measures to identify, prosecute and punish those guilty of committing crimes, such as the sale or trafficking of children. In the same vein, we request that the Government provide detailed information on the number of investigations being carried out and the procedural stages of these investigations.

Second, the Committee’s observations relate to the use, recruitment or offer of children for prostitution. We welcome the information presented by the Government on the amendment made to the Penal Code to protect all children under 18 years of age from prostitution in accordance with the comments already made by the Committee of Experts.

Section 141(2) of the Penal Code (Amendment) (Sexual Offences) Act of 2016 provides that a person who recruits or attempts to recruit another person to provide commercial sexual services, whether in the Solomon Islands or elsewhere, is liable to a prison sentence of up to 20 years if the victim is under the age of 15 years, and a sentence of up to 15 years in other cases. This amendment to the criminal law is in accordance with the provisions of the Convention, which we welcome.

Therefore, the Employer members encourage the Government to continue working with the most representative workers’ and employers’ organizations and international development cooperation organizations to prevent the use and recruitment of children for prostitution.

The Employer members also encourage the Government to continue to implement as a matter of priority awareness-raising and community-sensitization measures related to child labour, as well as capacity-building for labour inspectors, the criminal justice system, social workers and the private sector.

On the other hand, taking into account the role of education in the prevention of the worst forms of child labour, the Employer members suggest that the Government intensify its efforts to facilitate access to free basic education for all children, in order to increase school enrolment rates and reduce school drop-out rates.

I conclude by saying that it would have been of the utmost importance to hear from the Government, and we look forward to hearing the comments of the Worker members.

Worker members – The Worker members deeply deplore the absence of the Government for the discussion of its case. We recall the importance of the Committee’s mandate, which is to provide a tripartite forum for dialogue on outstanding issues relating to the application of ratified international labour Conventions. A refusal by a government to participate in the work of the Committee is a significant obstacle to the attainment of the core objectives of the ILO.

On the substance of the case, we note that this is the first time that the Committee has had the opportunity to examine the application of the Convention in the Solomon Islands. We note that the Solomon Islands ratified the Convention in 2012 and that after sending its first report on the application of the Convention in 2015, the Government failed to send regular reports until 2021. In this respect, the Worker members wish to recall the fundamental nature of the dialogue that must be established between the Member States and the ILO, particularly through scrupulous respect for the reporting obligations linked to the standards.

With regard to the steps taken by the Government to combat the worst forms of child labour, including the sale and trafficking of children for the purpose of sexual exploitation, the Worker members take note of the adoption in 2016 of the Penal Code (Amendment) (Sexual Offences) Act which, in conjunction with Immigration Act No. 3 of 2012, aligns the national legislation with the Convention, as per the recommendations of the Committee of Experts.

The trafficking of persons under 18 years of age, whether internal or transnational, is now criminalized and sanctioned with a prison term. The use, procurement or offering of boys and girls under the age of 18 for the purpose of prostitution or for the production of pornography or pornographic performances is also criminally sanctioned under the Penal Code (Amendment) (Sexual Offences) Act.

While we take note of these positive developments in the legal sphere, we note with concern that, in practice there is consistent evidence of the sale and trafficking of children, particularly girls, by their parents to foreign workers. Investigations have revealed that children are being used as nightclub, motel and casino workers in Honiara, the capital city, as well as on foreign and local commercial fishing vessels and are being offered to clients for sexual services as part of their employment. Moreover, most logging camps in the country are sites to which children are domestically trafficked for sexual exploitation. Studies carried out by non-governmental organizations estimate that each camp has around 6 to 12 girls aged between 11 and 16 years old for these purposes. The sexual exploitation of these girls is often condoned as foreign logging workers provide financial aid to the girls’ families.

In this regard, we note that operations of child labour monitoring are entrusted to the Royal Solomon Islands Police Force, the labour inspectors and the Transnational Crime Unit, while a National Central Bureau of the International Criminal Police Organization (INTERPOL) was established in the capital in 2017 to support the domestic law enforcement agencies.

However, we regret the lack of information on the activities of prevention, inspection, investigation and prosecution carried out. As regards investigations carried out and penalties imposed, we note from the Committee of Experts’ observation that the three cases of trafficking in children reported in the period from January to March 2020 ended in acquittals.

The Worker members recall that Article 1 of the Convention requires that measures be adopted to ensure not only the prohibition of the worst forms of child labour in law, but also their elimination in practice. Monitoring mechanisms are essential for the effective translation of the relevant legislation into practice and, to echo the Committee of Experts’ call in the 2012 General Survey on the fundamental Conventions, measures should be adopted to bring cases of the worst forms of child labour to the attention of the judicial and administrative authorities, and to encourage these authorities to apply the penalties provided in law.

Therefore, we call on the Government to strengthen the capacity of the law enforcement officials and labour inspection systems responsible for combating the worst forms of child labour. This includes ensuring that sufficient human and material resources are allocated to these institutions for the performance of this mandate and that cooperation between them is promoted and facilitated.

The Worker members welcome the efforts deployed by the Government to increase the school enrolment, attendance and completion rates in primary and junior secondary education, in particular through its Education Strategic Framework 2016–30. Nevertheless, we note that UN supervisory bodies have expressed concern at the disparities in access to and the quality of education between urban and remote areas. The Worker members emphasize the importance of ensuring access to free basic education to prevent the engagement of children in the worst forms of child labour and to contribute to the rehabilitation and social integration of children removed from these worst forms.

The Worker members take note of the persisting gaps in the legislation, including the absence of a provision in the national penal legislation prohibiting the use, procuring or offering of a child under 18 years for the production and trafficking of drugs; and the absence of a list of types of hazardous work prohibited for children under the age of 18 years.

On this second aspect, we note that the UN Committee on the Rights of the Child in its 2018 observations requested the Government to take the measures necessary to ensure that no child under 18 years of age engaged in hazardous labour, including in the agriculture, logging, tourism and fishing industries. We also note that the Government is in the process of developing such a list, with the technical support of the ILO. We call on the Government to adopt, without delay, penal legislation prohibiting the use, procuring or offering of a child under 18 years for the production and trafficking of drugs and to finalize, in consultation with the social partners, the list of types of hazardous work prohibited for children under 18 years of age.

Finally, we strongly encourage the Government to step up its efforts to collect and analyse statistical data on the worst forms of child labour, including their nature, extent and trends, the number of children protected, the nature of the offences reported, investigations, prosecutions, convictions and penalties imposed.

Worker member, Solomon Islands – The Committee of Experts has rightly raised the issue of the worst forms of child labour happening in the Solomon Islands. The issues of human trafficking and the commercial sexual exploitation of children in the Solomon Islands are a confirmed fact with reported cases.

Unfortunately, we only have four reported cases so far. All these cases happened in the logging sector. It can also be assumed that this might be happening in all other sectors in the Solomon Islands but it remains unreported.

In relation to the cases reported, one case went before the magistrate, but has not been pursued further. We have cases in which logging companies paid compensation to parents of abused children and we have reported cases which ended up with the lawyers, but so far no prosecution has been conducted and we also have reported cases that have been taken up by the police to deal with under the Penal Code, but no positive outcome has been achieved so far.

Now, these are cases that are known by the workers’ union, the union of which I am the President, because we represent private sector workers in the Solomon Islands, and our members throughout the country have been reporting this to us and we have raised them with not only the police, but relevant authorities. Unfortunately, none of these cases have been prosecuted, and perpetrators have not been convicted or punished. None of these cases ended up in the High Court. Currently, the Immigration Act as well as the Penal Code are relevant to the issue, and I hope that work can be done immediately to review them.

The next relevant legislation is the Family Protection Act. The Family Protection Act, which is quite general, deals with domestic violence and sexual offences. The Immigration Act, which specifically deals with human trafficking, is very vague and makes it difficult to prove the elements of the crime. As a result, the prosecutor, as happened in one reported case, had to revert to the Penal Code for the relevant provision but only for sexual charges such as under-age sex, defilement and rape of under-age persons.

In conclusion, based on our findings and observations, we see that the Government is not serious enough or committed to focusing on improving in these areas. There is no specific legislation in place relating to child protection when there should be. There is a lack of monitoring and policing mechanisms in place. Only incidents in the logging sector have been reported but this could also be happening across other sectors.

There is also a lack of awareness; 80 to 90 per cent of the population lack understanding of the laws of the Solomon Islands and their rights under those laws. As a result, there may be a lot of cases left unreported.

As regards our recommendations, there is an urgent need to review the current relevant legislation. There is also a need to formulate specific legislation to protect children. And there is also a need to establish a monitoring council to report directly to the Labour Advisory Board on issues in this particular area.

Carrying out awareness programmes by stakeholders is also a necessity. We have discussed those matters with members of the judiciary and they see and share the same view as us.

Government member, France – I have the honour of speaking on behalf of the European Union (EU) and its Member States. The candidate country Albania and the European Free Trade Association country Norway, Member of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights and the fight against child labour, in particular in its worst forms.

We actively promote the universal ratification and implementation of fundamental international labour standards, including the implementation of the Convention. We support the ILO in its indispensable role to develop, promote and supervise the application of ratified international labour standards and of fundamental Conventions in particular.

As stated in the recently adopted Durban Call to Action, the universally ratified Convention requires action from ILO Member States to eliminate as a matter of urgency the worst forms of child labour. We recall the importance of scaling up efforts in this regard and underline our strong commitment thereto.

As signatories to the Cotonou Agreement, the EU and the Solomon Islands have engaged in a comprehensive, balanced and deep political dialogue, covering human rights, labour rights and the fight against child labour, as a precondition for sustainable development, economic growth and poverty reduction. The EU and the Solomon Islands also cooperate through the Economic Partnership Agreement applied since May 2020, which commits the parties to supporting social rights. The Solomon Islands are also a beneficiary of the EU’s “Everything but Arms” scheme for least developed countries.

We recall our great concern over the reports of the sale and trafficking of children, particularly of girls, by their parents to foreign workers, mainly in communities near logging camps, for the purpose of sex.

While these serious violations of the Convention persist and should be addressed, we welcome the 2016 amendments to the Penal Code regarding sexual offences, which was amended to protect all children (boys and girls) under the age of 18 years from prostitution, in line with the Committee’s previous comments, and establish harsher prison sentences for persons engaging in internal trafficking of persons when the victim is a child.

With these legal amendments now in place, we reiterate the Committee’s call to take the necessary measures to ensure that thorough investigations and prosecutions are carried out, and that sufficiently dissuasive penalties are imposed in practice in order to eliminate these worst forms of child labour.

We note with great concern that, despite various reports on the widespread persistence of the trafficking and sale of children for the purpose of prostitution and sexual abuse, the Government indicates in its report that the Solomon Islands Immigration Division has reported only three cases of trafficking of children for the period from January to March 2020, all of which ended in acquittals.

We urge the Government to continue to provide information on the application in practice of the relevant sections of the Penal Code and the Immigration Act (Act No. 3 of 2012), in particular on the number of investigations, prosecutions, nature of the offences, convictions and sanctions imposed on the offenders, including information on the number of acquittals.

The EU and its Member States are fully committed to working alongside the Solomon Islands. We will continue our engagement for the children in the country. We look forward to continuing joint efforts with the Government and the ILO to bring this practice of child abuse to an end, particularly by effectively implementing the available legislation.

Employer member, Argentina – The employers of Argentina thank the previous speakers for their perspectives on the case and regret the Government’s absence from the session.

We have received the information regarding the implementation of section 77 of the Immigration Act (Act No. 3 of 2012). However, we regret that while the Government stated in its report on the Minimum Age Convention, 1973 (No. 138), that there is evidence of the sale and trafficking of children by their parents to foreigners, the Government did not provide on that occasion information on convictions or sentences imposed under the above-mentioned regulation or under section 145 of the Penal Code on sexual offences.

Accordingly, we reiterate the request that the Government take the necessary measures to ensure that thorough investigations and prosecutions are carried out, and that sufficiently dissuasive sanctions are applied to persons engaged in the sale or trafficking of children, and that the results of these prosecutions are reported.

Secondly, in relation to the recruitment or offering of children for prostitution, we also welcome the reform of the Penal Code to protect all children under the age of 18 years from prostitution, provided that the recruitment or attempted recruitment occurs in the Solomon Islands regardless of the place of exploitation.

In conclusion, while encouraging the Government to continue to provide detailed information on the application in practice of the amended legislation, we would like to highlight the importance of coordinating complementary actions aimed at addressing the socio-cultural conditions, risk factors and structural issues that contribute to the occurrence and consequences of child labour in general and the worst forms of child labour in particular.

In order to design policies that efficiently coordinate the available resources and promote the economic development of the region and the creation of productive and quality employment for the country’s adults, we reiterate the request of the Employer members and encourage the Government to work to empower the social partners and actively involve them in the design of public policies, taking advantage of the ILO’s technical assistance to design effective strategies to eradicate the worst forms of child labour in the country.

Worker member, Australia – Traffickers subject children of the Solomon Islands to sex trafficking and forced labour, particularly near foreign logging camps, on commercial fishing vessels and at hotels and entertainment establishments.

The Immigration Act 2012, together with the Penal Code, criminalizes child sex trafficking and labour trafficking. Section 77 of the Immigration Act addresses offences related to the trafficking of children and provides for penalties of a fine or imprisonment for a term not exceeding ten years, or both.

The Committee of Experts’ report notes that the Solomon Islands Immigration Division only reported three cases of trafficking in children in the period from January to March 2020, which ended in acquittals. This stands in contrast to the concluding observations of the UN Committee on the Rights of the Child in 2018, which express serious concern about the sale of children to foreign workers in the natural resources sector, and an International Organization for Migration case study from 2019, which highlights the high number of reported cases of sexual exploitation and trafficking involving children in communities near logging camps.

This gap between the number of cases and the lack of convictions indicates a number of issues that the Government must address in order to uphold their obligations under the Convention.

First, section 77 of the Immigration Act is too vague, and the penalties do not match the severity of the crime. A fine in lieu of imprisonment is not commensurate with the penalties prescribed for other serious offences. The Government should ensure that penalties are sufficiently dissuasive and reflect the seriousness of the crime.

Second, there is a lack of monitoring and enforcement. We note the direct request from the Committee of Experts to provide information on the activities of the police force, the Transnational Crime Unit and other bodies responsible for monitoring the crimes related to child trafficking, including measures to strengthen their capacities.

There is no monitoring mechanism in place, and the Government has not initiated or conducted any anti-trafficking training for law enforcement. The Government should implement measures including additional resources, commitment, coordination, training and awareness, to enable government agencies to investigate and prosecute child trafficking and should establish a monitoring council that reports to the Labour Advisory Board.

Recalling Article 7 of the Convention, we call on the Government to implement effective and time-bound measures to eliminate the worst forms of child labour, including child sex trafficking. This should include thorough investigations and prosecutions against persons who engage in the sale and trafficking of children; ensuring access to basic free education; and ensuring that sufficiently dissuasive penalties that reflect the severity of the crime are imposed in practice.

Government member, Switzerland – We regret that the Government is not present. The eradication of the worst forms of child labour, to which the Convention contributes, is a universally applicable principle for all children under the age of 18 years and is one of the most important objectives of the ILO. Switzerland attaches great importance to this fundamental Convention.

We therefore welcome the fact that, through the amendment of the Penal Code in 2016, the Government has closed significant legal loopholes to protect all children, girls and boys, under the age of 18 years from prostitution. Through the amendment of the Penal Code, the Government has made efforts to implement international labour standards and respect the supervisory system and the recommendations of the Committee of Experts.

Switzerland encourages the Government to continue to make every effort, both in legislation and above all in practice, to combat child labour, trafficking and the sexual exploitation of children. The fight against child prostitution must be as intense as possible, for all countries. This fight requires, in addition to the appropriate legal framework, investigations, prosecutions and dissuasive sanctions. Finally, we encourage the Government to continue to intensify its efforts and to also address the root causes that lead parents to sell their children to foreign workers.

Worker member, Canada – The Workers of the Philippines support this statement. With the passing of the Penal Code (Amendment) (Sexual Offences) Act 2016, the Government has aligned its national legislation with international standards in terms of protecting children from exploitation and prostitution and from being trafficked for sexual purposes. However, important omissions persist within the legislation that may leave children vulnerable to being sexually exploited. For instance, although current legislation contains comprehensive coverage of child trafficking offences, both within and outside of the country, there is no stand-alone provision that explicitly prohibits the sale of children.

The Committee of Experts has noted the absence of a provision in the national penal legislation prohibiting the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. Human trafficking in the Solomon Islands is most common in the logging camps, where children are domestically trafficked for labour and sexual purposes. A Save the Children report estimated that each camp had as many as 12 children aged from 11 to 16 years old. These children often became “house girls”, which is synonymous with wives. The sexual exploitation of these girls is often condoned as foreign logging workers provide financial payment to families suffering the hardships of poverty.

The United States Department of State’s 2021 Trafficking in Persons Report noted specifically that the Solomon Islands Labour Division did not conduct systematic monitoring and inspection activities at logging operation sites during the term covered by the report. Inspections are critical to the identification, investigation and prosecution of cases of forced labour and sexual exploitation of children within the logging industry.

The Government should also conduct a nationwide assessment on all manifestations of the sexual exploitation of children to develop evidence-based policies and strategies. It must also advance on developing a list of types of hazardous work prohibited for children under the age of 18 years. Hazardous or exploitative labour as defined in the Child and Family Welfare Act 2016 includes any work that is inappropriate for the child’s age or is hazardous to the child’s physical or mental health or impairs the child’s education and moral development.

These steps will help provide needed protections to combat forced child labour and the sexual exploitation associated with this industry.

Employer members – We have listened attentively and taken note of the remarks of all those who have taken the floor. I would especially like to thank the Workers and Employers for their contributions.

We would like to emphasize that in order to achieve target 8.7 of the Sustainable Development Goals – to eliminate child labour in all its forms by 2025 – it is necessary for all governments, employers’ and workers’ organizations, and the ILO itself to work in a coordinated manner through strengthened social dialogue.

Recently, at the 5th Global Conference on the Elimination of Child Labour held in Durban, South Africa, it was noted that the COVID-19 pandemic, armed conflicts, and humanitarian and environmental crises threaten to reverse the progress made in combating child labour.

The Durban Call to Action includes commitments in six different areas. First, to make productive employment and decent work a reality for adults and young people above the minimum working age, accelerating multi-stakeholder efforts to eliminate child labour and prioritizing the worst forms of child labour; second, to end child labour in all sectors; third, to strengthen the prevention and elimination of child labour including its worst forms, forced labour, modern slavery and human trafficking, and protect survivors through policy and programmatic responses; fourth, to realize children’s right to education and ensure universal access to free, compulsory, quality, equitable and inclusive education and training; fifth, to achieve universal access to financially sustainable social protection; and sixth, to increase funding and international cooperation for the elimination of child labour and forced labour.

This is why the Employer members are making an “urgent call” to focus all efforts on the prevention and elimination of child labour with special emphasis on the eradication of the worst forms of child labour.

Given that the ILO has significant capacity for programme development in countries where child labour exists, we encourage the Government to urgently request technical assistance from the ILO to build the capacity of the tripartite constituents. In addition, there is a need to focus on the implementation of effective strategies to eradicate the worst forms of child labour, following timely and effective consultation with the social partners. We further call on the international community to mobilize to achieve the eradication of child labour in the Solomon Islands.

Finally, we strongly encourage the Government to make an immediate and urgent commitment to provide solutions in law and practice that will address this scourge.

It is necessary to establish investigative and judicial bodies to identify and convict the culprits. Strategies must be put in place to provide training to communities and families, to protect children, and to raise awareness of this major problem among all of the country’s inhabitants.

It is necessary to ensure greater dissemination of the mechanisms available to address this scourge. It is also necessary to strengthen the educational system so that the children of the Solomon Islands have the opportunity to study; and development must also be guaranteed in an environment conducive to the generation of sustainable enterprises that generate quality jobs for the parents and relatives of children.

Worker members – We express once again our deep regret that the Government declined to participate in the work of the Committee and recall that a refusal by a government to participate in the work of the Committee is a significant obstacle to the attainment of the core objectives of the ILO.

We take note of the steps taken by the Government to bring its national legislation into conformity with the Convention, in line with the recommendations of the Committee of Experts. We encourage the Government to continue its efforts and adopt penal legislation prohibiting the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. We also encourage the Government to adopt, without delay and in consultation with the social partners, a list of types of hazardous work prohibited for children under the age of 18 years.

Despite these positive legislative developments, we remain concerned by the persistence of the worst forms of child labour, including the sale and trafficking of children, particularly of girls, for sexual exploitation purposes. We urge the Government to take concrete measures to prevent, prohibit and eliminate these worst forms of child labour, including:

- by strengthening the capacity of law enforcement agencies and the labour inspectorate;

- by promoting their effective cooperation;

- by ensuring that cases of the worst forms of child labour are duly investigated, prosecuted and sanctioned; and

- by ensuring access to free basic education to all children in primary and secondary education, particularly among children from poor and disadvantaged families as well as children living in remote areas.

We also encourage the Government to adopt specific legislation on child protection and to conduct awareness-raising activities to disseminate information to the public on the identification of the worst forms of child labour and on ways to report cases to the authorities.

Finally, we encourage the Government to step up its efforts to collect and analyse statistical data on the worst forms of child labour, including their nature, extent and trends, the number of children protected, the nature of offences reported, investigations, prosecutions, convictions and penalties imposed.

We invite the Government to avail itself of the technical assistance of the ILO.

Conclusions of the Committee

The Committee expressed its deep regret that the Government declined to participate in its work and recalled that a refusal by a government to participate in the work of the Committee, despite being accredited to the International Labour Conference, is a significant obstacle to the attainment of the core objectives of the ILO.

In those circumstances and as provided for in paragraph 34 of document D.1 concerning the working methods adopted by the Committee, the Committee discussed the substance of the case in the absence of the Government.

The Committee took positive note of the steps taken by the Government to bring its national legislation into conformity with the Convention. Despite these positive legislative developments, the Committee expressed its deep concern about the persistence of the worst forms of child labour, including the sale and trafficking of children, particularly of girls, for sexual exploitation purposes.

Taking into account the discussion, the Committee urges the Government, in consultation with the social partners, to:

- adopt legislation prohibiting the use, procuring or offering of a child under 18 years of age for the production and/or trafficking of drugs, without delay;

- adopt, in consultation with the social partners, a list of types of hazardous work prohibited for children under the age of 18, without delay;

- strengthen the capacity of law enforcement agencies and the labour inspectorate to address the worst forms of child labour and to promote their effective cooperation;

- ensure that cases of the worst forms of child labour are duly investigated, prosecuted and sanctioned;

- ensure access to free basic education to all children, particularly children from poor and disadvantaged families as well as children living in remote areas;

- collect and analyse statistical data on the situations of the worst forms of child labour, including the nature and extent of such situations, the number of children involved, reintegration procedures, the nature of offences reported, the number of offences investigated, prosecuted and the penalties imposed.

The Committee urges the Government to avail itself of the technical assistance of the ILO.

The Committee requests the Government to submit a report to the Committee of Experts by 1 September 2022 with information on the application of the Convention in law and practice, in consultation with the social partners.

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

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

Repetition

Article 7(2), clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Commercial sexual exploitation and hazardous work. In reply to its previous comments the Committee notes that the Government indicates that the Child and Family Welfare Act (under Division 4) contains provisions for the removal of children in situations of danger without warrant. It also notes that the Government, in collaboration with Save the Children, is implementing a Child Protection Community Facilitation Manual to raise awareness among families about their roles and responsibilities towards their children. The Committee also notes that the Government indicates that the National Action Advisory Committee on Children is in the process of amending the Traditional Marriage Act to increase the marriage age from 15 to 18 years. The Committee requests the Government to continue providing information on the effective and time-bound measures taken to remove children from the worst forms of child labour and to provide them with assistance for their rehabilitation and social integration. It also requests the Government to provide information on the number of child victims of the worst forms of child labour who have been identified and removed.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE) received on 25 August 2022, as well as those of the International Trade Union Confederation (ITUC) received on 1 September 2022 and requests the Government to reply to them. It also notes the discussion that was held by the Committee on the Application of Standards (the Conference Committee) at the 110th Session of the International Labour Conference (June 2022) regarding the application of the Convention by Solomon Islands in the absence of the Government.

Follow-up to the conclusions of the Committee on the Application of Standards(International Labour Conference, 110th Session, May–June 2022)

Articles 3(a) and (b), 5 and 7(1) of the Convention. Sale and trafficking of children and commercial sexual exploitation, monitoring mechanisms and sanctions. The Committee notes that the Conference Committee took positive note of the steps taken by the Government to bring its national legislation in conformity with the Convention, including with respect to the use, procuring and offering of children for prostitution, but expressed its deep concern about the persistence of the sale and trafficking of children, particularly girls, for sexual exploitation purposes. The Conference Committee urged the Government to ensure that cases concerning the sale and trafficking of children are duly investigated, prosecuted, and sanctioned, and to strengthen the capacities of law enforcement bodies for this purpose.

The Committee notes that the ITUC refers in its observations to the existence of evidence of cases of sale and trafficking of children by their parents to foreign workers for sexual purposes, including in nightclubs, motels, logging camps, and fishing vessels, as well as to the absence of information on measures of prevention, inspection, investigation, and prosecution of this practice.

The Committee also notes that, in its observations, the IOE points out to the need to continue adopting measures, as a matter of priority, to sensitize the community on this matter and to reinforce the capacities of the labour inspectorates, operators of the criminal justice system, social workers, and the private sector to effectively eliminate this worst form of child labour. It also encourages the Government to continue working with the most representative workers’ and employers’ organizations and international development cooperation organizations to prevent the use and procuring of children for prostitution.

The Committee notes that the Government refers in its report to one criminal case concerning child pornography which ended in the conviction of the offender. It further notes, the Government’s indication that the Sexual Assault Unit within the Police Force investigates cases related to child commercial sexual exploitation. However, it notes that the Government does not provide information on cases related to the sale and trafficking of children for sexual exploitation or the use, procuring or offering of children for prostitution that have been investigated, prosecuted, and punished. Therefore, the Committee urges the Government to take all the necessary measures to reinforce the capacities of the law enforcement bodies (including the police force, prosecutors, and judges) to ensure that: (i) thorough investigations and prosecutions are carried out against persons who engage in the sale or trafficking of children and/or the use, procuring and offering of a child for prostitution; and (ii) sufficiently dissuasive penalties are imposed on the offenders. In this regard, the Committee requests the Government to provide information on the number of prosecutions, legal proceedings, convictions, and penalties imposed for trafficking of children for sexual exploitation (section 145 of the Penal Code (Amendment) (Sexual Offences) Act 2016 and section 77 of the Immigration Act 2012), and for using, procuring or offering a child for prostitution (sections 141(2) and 143 of the Penal Code (Amendment) (Sexual Offences) Act 2016).

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Conference Committee urged the Government to adopt, without delay, legislation prohibiting the use, procuring, or offering of a child under the age of 18 years for the production and/or trafficking of drugs. The Committee notes that the Government indicates that it will consider this matter to be included in the national penal legislation. The Committee requests the Government to take all the necessary measures to ensure that the national legislation prohibits the use, procuring or offering of a person under 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). List of types of hazardous work. The Committee previously noted that the Government was developing a list of types of hazardous work prohibited for children under the age of 18 with the technical support of the ILO. The Committee notes that the Conference Committee urged the Government to adopt without delay, in consultation with the social partners, a list of types of hazardous work prohibited for children under the age of 18 years.

The Committee notes that the ITUC calls on the Government to finalize, in consultation with the social partners, the list of types of hazardous work prohibited for children under 18 years of age.

The Committee notes the Government’s indication that section 49 of the Labour Act (which prohibits the work of persons under the age of 18 years in underground mines, on ships, as a trimmer or stroker, or during the night in any industry) is still applied pending the adoption of a list of types of hazardous work. The Government indicates that a copy of the list will be sent once it has been tabulated and adopted, in collaboration with the social partners. The Committee urges the Government to take all the necessary measures to finalize a list of types of hazardous work prohibited for persons under 18 years of age, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide a copy of the list once adopted.

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 the adoption of Education Strategic Framework (ESF) 2016–2030, which sets out as a long-term objective achieving full completion to quality and relevant primary and junior secondary (age 13 to 15) education for all. The Committee notes that, in its observations, the ITUC refers to the disparities in access to and the quality of education between urban and remote areas. It also notes that the Conference Committee urged the Government to ensure access to free basic education to all children, particularly children from poor and disadvantaged families as well as children living in remote areas.

The Committee notes the Government’s indication that the Gross Enrolment Ratio for primary and junior secondary education remains stable and in line with the population growth. At primary level, the Gross Enrolment Ratio increased from 136 to 142 per cent over 2016–20, signalling that over-age students were enrolled in schools. However, there was a five per cent increase in out-of-school children between 2018 to 2019 (from 8 to 13 per cent). The Government adds that one of the measures taken by the Ministry of Education to keep children in school was to abolish the sixth year exam in 2019 to allow students to advance into the seventh year of education (junior secondary education). The Committee requests the Government to continue taking effective and time-bound measures to facilitate access to free basic education (both primary and lower secondary education) by all children, particularly children from poor and disadvantaged families and those living in remote areas. It also requests the Government to continue providing updated statistical information on school enrolment, completion and drop-out rates for primary and lower secondary education.

Application of the Convention in practice. With regard to the Conference Committee’s and the Committee’s request for updated statistical data on situations of worst forms of child labour, the Committee notes the Government’s indication that it will intensify its efforts to implement a database containing statistical information on the nature, extent, and trends of the worst forms of child labour; the number of children protected by measures giving effect to the Convention; as well as the number and nature of offences reported, investigations, prosecutions, convictions, and penalties imposed. The Committee hopes that the Government will be able to provide this information in its next report.

The Committee encourages the Government to avail itself of ILO technical assistance in relation to the issues raised in this observation.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 7 (2), clause b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration.Commercial sexual exploitation and hazardous work. In reply to its previous comments the Committee notes that the Government indicates that the Child and Family Welfare Act (under Division 4) contains provisions for the removal of children in situations of danger without warrant. It also notes that the Government, in collaboration with Save the Children, is implementing a Child Protection Community Facilitation Manual to raise awareness among families about their roles and responsibilities towards their children. The Committee also notes that the Government indicates that the National Action Advisory Committee on Children is in the process of amending the Traditional Marriage Act to increase the marriage age from 15 to 18 years. The Committee requests the Government to continue providing information on the effective and time-bound measures taken to remove children from the worst forms of child labour and to provide them with assistance for their rehabilitation and social integration. It also requests the Government to provide information on the number of child victims of the worst forms of child labour who have been identified and removed.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 25 August 2022, as well as those of the International Trade Union Confederation (ITUC) received on 1 September 2022 and requests the Government to reply to them. It also notes the discussion that was held by the Committee on the Application of Standards (the Conference Committee) at the 110th Session of the International Labour Conference (June 2022) regarding the application of the Convention by Solomon Islands in the absence of the Government.

Follow-up to the conclusions of the Committee on the Application of Standards(International Labour Conference, 110th Session, May–June 2022)

Articles 3(a) and (b), 5 and 7(1) of the Convention. Sale and trafficking of children and commercial sexual exploitation, monitoring mechanisms and sanctions. The Committee notes that the Conference Committee took positive note of the steps taken by the Government to bring its national legislation in conformity with the Convention, including with respect to the use, procuring and offering of children for prostitution, but expressed its deep concern about the persistence of the sale and trafficking of children, particularly girls, for sexual exploitation purposes. The Conference Committee urged the Government to ensure that cases concerning the sale and trafficking of children are duly investigated, prosecuted, and sanctioned, and to strengthen the capacities of law enforcement bodies for this purpose.

The Committee notes that the ITUC refers in its observations to the existence of evidence of cases of sale and trafficking of children by their parents to foreign workers for sexual purposes, including in nightclubs, motels, logging camps, and fishing vessels, as well as to the absence of information on measures of prevention, inspection, investigation, and prosecution of this practice.

The Committee also notes that, in its observations, the IOE points out to the need to continue adopting measures, as a matter of priority, to sensitize the community on this matter and to reinforce the capacities of the labour inspectorates, operators of the criminal justice system, social workers, and the private sector to effectively eliminate this worst form of child labour. It also encourages the Government to continue working with the most representative workers’ and employers’ organizations and international development cooperation organizations to prevent the use and procuring of children for prostitution.

The Committee notes that the Government refers in its report to one criminal case concerning child pornography which ended in the conviction of the offender. It further notes, the Government’s indication that the Sexual Assault Unit within the Police Force investigates cases related to child commercial sexual exploitation. However, it notes that the Government does not provide information on cases related to the sale and trafficking of children for sexual exploitation or the use, procuring or offering of children for prostitution that have been investigated, prosecuted, and punished. Therefore, the Committee urges the Government to take all the necessary measures to reinforce the capacities of the law enforcement bodies (including the police force, prosecutors, and judges) to ensure that: (i) thorough investigations and prosecutions are carried out against persons who engage in the sale or trafficking of children and/or the use, procuring and offering of a child for prostitution; and (ii) sufficiently dissuasive penalties are imposed on the offenders. In this regard, the Committee requests the Government to provide information on the number of prosecutions, legal proceedings, convictions, and penalties imposed for trafficking of children for sexual exploitation (section 145 of the Penal Code (Amendment) (Sexual Offences) Act 2016 and section 77 of the Immigration Act 2012), and for using, procuring or offering a child for prostitution (sections 141(2) and 143 of the Penal Code (Amendment) (Sexual Offences) Act 2016).

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Conference Committee urged the Government to adopt, without delay, legislation prohibiting the use, procuring, or offering of a child under the age of 18 years for the production and/or trafficking of drugs. The Committee notes that the Government indicates that it will consider this matter to be included in the national penal legislation. The Committee requests the Government to take all the necessary measures to ensure that the national legislation prohibitsthe use, procuring or offering of a person under 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). List of types of hazardous work. The Committee previously noted that the Government was developing a list of types of hazardous work prohibited for children under the age of 18 with the technical support of the ILO. The Committee notes that the Conference Committee urged the Government to adopt without delay, in consultation with the social partners, a list of types of hazardous work prohibited for children under the age of 18 years.

The Committee notes that the ITUC calls on the Government to finalize, in consultation with the social partners, the list of types of hazardous work prohibited for children under 18 years of age.

The Committee notes the Government’s indication that section 49 of the Labour Act (which prohibits the work of persons under the age of 18 years in underground mines, on ships, as a trimmer or stroker, or during the night in any industry) is still applied pending the adoption of a list of types of hazardous work. The Government indicates that a copy of the list will be sent once it has been tabulated and adopted, in collaboration with the social partners. The Committee urges the Government to take all the necessary measures to finalize a list of types of hazardous work prohibited for persons under 18 years of age, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide a copy of the list once adopted.

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 the adoption of Education Strategic Framework (ESF) 2016–2030, which sets out as a long-term objective achieving full completion to quality and relevant primary and junior secondary (age 13 to 15) education for all. The Committee notes that, in its observations, the ITUC refers to the disparities in access to and the quality of education between urban and remote areas. It also notes that the Conference Committee urged the Government to ensure access to free basic education to all children, particularly children from poor and disadvantaged families as well as children living in remote areas.

The Committee notes the Government’s indication that the Gross Enrolment Ratio for primary and junior secondary education remains stable and in line with the population growth. At primary level, the Gross Enrolment Ratio increased from 136 to 142 per cent over 2016–20, signalling that over-age students were enrolled in schools. However, there was a five per cent increase in out-of-school children between 2018 to 2019 (from 8 to 13 per cent). The Government adds that one of the measures taken by the Ministry of Education to keep children in school was to abolish the sixth year exam in 2019 to allow students to advance into the seventh year of education (junior secondary education). The Committee requests the Government to continue taking effective and time-bound measures to facilitate access to free basic education (both primary and lower secondary education) by all children, particularly children from poor and disadvantaged families and those living in remote areas. It also requests the Government to continue providing updated statistical information on school enrolment, completion and drop-out rates for primary and lower secondary education.

Application of the Convention in practice. With regard to the Conference Committee’s and the Committee’s request for updated statistical data on situations of worst forms of child labour, the Committee notes the Government’s indication that it will intensify its efforts to implement a database containing statistical information on the nature, extent, and trends of the worst forms of child labour; the number of children protected by measures giving effect to the Convention; as well as the number and nature of offences reported, investigations, prosecutions, convictions, and penalties imposed. The Committee hopes that the Government will be able to provide this information in its next report.

The Committee encourages the Government to avail itself of ILO technical assistance in relation to the issues raised in this observation.

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

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

Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for pornography or pornographic performances. The Committee previously noted that the Penal Code did not contain a provision specifically prohibiting the use, procuring or offering of children for the production of pornography or pornographic performances, and requested the Government to indicate the measures taken or envisaged to ensure its prohibition. The Committee notes with interest that section 144(5) of the Penal Code (Amendment) (Sexual offences) Act (2016) criminalizes using, offering or procuring a child for the production of child exploitation material, providing for a maximum penalty of 20 years of imprisonment for the offender, if the victim is under 15 years of age; and of 15 years of imprisonment in other cases. The Committee notes that according to section 144(1) of the Amendment Act, child exploitation material includes material that depicts or describes, in a way that a reasonable person would regard as being, in all the circumstances, offensive: (i) a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons); (ii) a child in the presence of another person who is engaged or apparently engaged in a sexual pose or sexual activity; (iii) a child in a sexual context or a context intended to provide sexual or sadistic gratification; and (iv) or the sexual parts of a child. Child exploitation material also includes material that is intended, or apparently intended, to encourage or advocate people to engage in sexual activity with children. The Committee requests the Government to provide information on the application, in practice, of section 144(5) of the Penal Code (Amendment) (Sexual Offences Act) 2016, including the number of investigations, prosecutions, nature of the offences, convictions and sanctions imposed on the offenders.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted the absence of a provision in the national penal legislation prohibiting the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee notes that the Government’s report does not provide any information in this regard. The Committee once again requests the Government to provide information on the measures taken or envisaged with a view to prohibiting the use, procuring or offering of a person under 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). List of hazardous work. The Committee previously noted that the Government was in the process of developing a list of types of hazardous work prohibited for children under the age of 18 with the technical support of the ILO. The Committee requested the Government to take the necessary measures, without delay, to develop and ensure the adoption of that list. The Committee notes that section 5(2) of the Child and Family Welfare Act 2016 defines “hazardous or exploitive labour” in relation to a child as including any work that is inappropriate for the child’s age; or is hazardous to the child’s physical or mental health; or impairs the child’s education and moral development. The Committee, however, notes that the Government has not provided any information on progress made in relation to the adoption of the list of types of hazardous work required by Article 4 of the Convention. The Committee once again requests the Government to take the necessary measures, without delay, to finalize a list of types of hazardous work prohibited for persons under 18 years of age, in consultation with the organizations of employers and workers concerned, and to ensure its adoption. The Committee reminds the Government that it may avail itself again of the technical assistance of the Office in this regard. The Committee requests the Government to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. The Committee previously noted that the Royal Solomon Islands Police Force (RSIPF) and the labour inspectors are in charge of monitoring child labour in its worst forms in the country. The Committee also noted that a Transnational Crime Unit (TCU) was established to combat trafficking in persons and requested the Government to provide information on the activities of the TCU in combating child trafficking. The Committee notes, however, that the Government has not provided any information in this respect. The Committee also notes that, according to the website of the RSIPF, a National Central Bureau of INTERPOL was established in Honiara in 2017, which supports the domestic law enforcement agencies in the country, including the police force. The Committee once again requests the Government to provide information on the activities of the police force, the TCU, and other bodies responsible for monitoring crimes related to child trafficking, child commercial sexual exploitation and the use of children in illicit activities, including information on measures adopted to strengthen the capacities of such bodies.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the adoption of the 2007-15 Education Strategic Framework and the National Education Action Plans 2010–12 and 2013–15, and requested the Government to provide information on the results achieved by these measures. The Committee also noted that, according to UNESCO statistics, as of 2012, the gross enrolment ratio for primary education was 141 per cent (139.6 per cent female and 142.3 per cent male) while the gross enrolment ratio for secondary education was 48.4 per cent (47 per cent female and 49.8 per cent male). In this regard, the Committee requested the Government to take measures to increase the school enrolment, attendance and completion rates at the secondary level of education. The Committee notes the adoption of the Education Strategic Framework (ESF) 2016–2030, which sets out as a long term objective achieving full completion to quality and relevant primary and junior secondary (age 13 to 15) education for all, in line with the Sustainable Development Goals. The ESF provides for the implementation of effective policies to improve access for priority target groups, including girls, children with special learning needs, those who mainly speak vernacular languages, and those who live in remote or distant geographical areas and from low economic backgrounds. The Committee notes that the ESF also contains an assessment of the implementation of the previous Education Strategy 2007–2015. According to the ESF, during the period of 2007 to 2015, students’ enrolment increased by 24 per cent in primary schools and 70 per cent in junior secondary education, however the issue of students dropping out of primary school remains a problem. The Committee notes that, according to the UNESCO statistics, the gross enrolment ratio in primary education (6 to 11 years of age) has dropped from 113.59 per cent in 2015 to 106.21 per cent in 2018, while there is no information on enrolment rates for secondary education (12 to 18 years of age) after 2012. The Committee also notes that the Committee on the Rights of the Child in its 2018 concluding observations expresses concern at the disparities in the quality and access to education in urban/remote areas (CRC/C/SL/B/CO/2-3, 28 February 2018, paragraph 44). Recalling that access to free basic education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on effective and time-bound measures taken under the Education Strategic Framework (ESF) 2016-2030 with the aim of facilitating access to all children to both primary and lower secondary education, including measures to increase school attendance and reduce drop-out rates, particularly among children from poor and disadvantaged families as well as children living in remote areas. The Committee requests the Government to provide information on the results achieved in this regard.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Commercial sexual exploitation and hazardous work. The Committee notes that section 12 of the Child and Family Welfare Act 2016 provides that the Director of the Government Division responsible for social welfare matters can take any action reasonably necessary for the purpose of protecting and promoting the wellbeing of children in need of care and protection, including children at risk of being involved in commercial sexual exploitation and hazardous labour. The Committee also notes that section 16 of the Act states that the Director must lead and coordinate the development of programmes to promote community discussion and awareness of issues relating to the wellbeing of children as well as to strengthen community mechanisms for the protection of children. The Committee notes that, according to section 2, children who are or have been married are outside the coverage of the Act and that children from the age of 15 can marry pursuant to section 10 of the Islanders Marriage Act. In addition, the Committee notes that the UN Committee on the Rights of the Child in its 2018 concluding observations requested the Government to take the measures necessary to ensure that no child under 18 years of age engages in hazardous labour, including in the agriculture, logging, tourism and fishing industries (CRC/C/SL/B/CO/2-3, 28 February 2018, paragraph 47). The Committee requests the Government to provide information on effective and time-bound measures taken, including within the framework of the Child and Family Welfare Act 2016, to remove children from commercial sexual exploitation and hazardous work and to provide assistance with regard to social rehabilitation and social integration. In addition, the Committee requests the Government to indicate how married children under 18 could also benefit from protective measures against the worst forms of child labour.

Application of the Convention in practice. In its previous comments, the Committee noted the lack of statistical information available on the worst forms of child labour and requested the Government to ensure sufficient data on this subject. The Committee notes that the Government has not provided the statistical information requested but indicates that a database will be established for this purpose. The Committee encourages the Government to intensify its efforts to implement a database containing statistical information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. The Committee therefore hopes that the Government will be in a position to provide this statistical information, as far as possible, disaggregated by gender and age.

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

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. The Committee previously noted that section 77 of the Immigration Act No. 3 of 2012 criminalizes trafficking of persons under 18 years of age (including for the purpose of sexual exploitation, forced labour or slavery), establishing as penalty for this offence a fine or imprisonment. The Committee notes that the Government indicates in its report that the Solomon Islands Immigration Division has reported three cases of trafficking of children in the period January–March 2020, which have ended in acquittals. The Committee also notes the adoption of the Penal Code (Amendment) (Sexual offences) Act (2016), which, under section 145, establishes a sanction of 25 years of imprisonment for persons engaging in internal trafficking of persons when the victim is a child. However, the Committee notes that the Government, in its report under the Minimum Age Convention, 1973 (No. 138), indicates that there is evidence of sale and trafficking of children, particularly of girls, by their parents to foreign workers. The Committee also notes that the United Nations Committee on the Rights of Child, in its 2018 concluding observations expresses its serious concern about the sale of children to foreign workers in the natural resource sector for the purpose of sex (CRC/C/SL/B/CO/2-3, 28 February 2018, paragraph 48). The Committee further notes that the Community Health and Mobility in the Pacific, Solomon Islands Case Study published in 2019 by the International Organization for Migration (IOM) highlights the high number of reported cases of sexual exploitation and trafficking involving children in communities near logging camps (page 46). The Committee requests the Government to take the necessary measures to ensure that thorough investigations and prosecutions against persons who engage in the sale or trafficking of children are carried out, and that sufficiently dissuasive penalties are imposed in practice. The Committee also requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and penalties imposed on the offenders on the basis of section 77 of the Immigration Act No. 3 of 2012 and section 145 of the Penal Code (Amendment) (Sexual Offences) Act of 2016, including information on the number of acquittals.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that section 144 of the Penal Code, as amended up to 1990, did not criminalize procuring of male children for prostitution. It also noted that the definition of the crime of disposing of minors for immoral purposes (including prostitution), contained in section 149 of that Code, did not protect children between the age of 15 and 18. The Committee, accordingly, requested the Government to take the necessary measures to prohibit using, procuring or offering of both boys and girls under the age of 18 for the purpose of prostitution. The Committee notes with satisfaction that, through the adoption of the Penal Code (Amendment) (Sexual offences) Act (2016), the Penal Code was amended to protect all children under the age of 18 from prostitution, in line with the Committee’s previous comments. Section 141(2) of the Amendment stipulates that the person who procures or attempts to procure another person to provide commercial sexual services, either in Solomon Islands or elsewhere, is punishable by a penalty of up to 20 years of imprisonment if the victim is under 15 years of age, and up to 15 years of imprisonment in other cases. According to section 143, the person who obtains commercial sexual services from a child, or induces, invites, persuades, arranges or facilitates its provision is liable to up to 20 years of imprisonment if the child is under 15 years of age, or to up to 15 years of imprisonment in other cases. The same sanction applies to the parent or guardian who permits the child to be used for the provision of commercial sexual services as well as for the person who benefits from such service. The Committee requests the Government to provide information on the application, in practice, of sections 141(2) and 143 of the Penal Code (Amendment) (Sexual Offences) Act 2016, including the number of investigations, prosecutions, nature of the offences, convictions and types of sanctions imposed on the offenders.

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

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to section 77 of Immigration Act No. 3 of 2012, any person who engages in the trafficking of persons under the age of 18 years commits an offence and shall be liable to a fine not exceeding 90,000 penalty units (approximately US$11,448; one penalty unit is equal to 1 Solomon Island dollar (SBD) according to section 3(a)(3) of the Penalties Miscellaneous Amendments Act 2009) or to imprisonment for a term not exceeding ten years, or to both. “Trafficking of persons”, as defined under section 70 of the Immigration Act includes, recruiting, transporting, harbouring or receiving another person for the purposes of exploitation and the term “exploitation” includes all forms of sexual exploitation, forced labour or services, and slavery or practices similar to slavery. The Committee requests the Government to provide information on the application of the Immigration Act, in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that, according to section 144 of the Penal Code (Cap. 26) of 1963, as amended up to 1990, any person who procures or attempts to procure any girl or woman under the age of 18 years: to become a prostitute either in the Solomon Islands or elsewhere; to leave the Solomon Islands, with intent that she may become an inmate of or frequent a brothel elsewhere; or to leave her usual place of abode with intent that she may for the purposes of prostitution become an inmate of or frequent a brothel either in the Solomon Islands or elsewhere, shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

Section 149 of the Penal Code further provides that any parent or any other persons having the custody, charge or care of a minor under the age of 15 years who lets for hire or otherwise disposes of such minor with intent that such minor shall at any age be employed or used for the purpose of prostitution or unlawful sexual intercourse shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

The Committee observes that the above provisions do not prohibit the use of a child under 18 years for prostitution, i.e. by a client. Furthermore, it does not provide protection to boys between the ages of 15 and 18 years from commercial sexual exploitation. 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, procuring or offering of both boys and girls under the age of 18 for the purpose of prostitution is prohibited.

2. Pornography. The Committee notes that section 173 of the Penal Code criminalizes the offences related to the production of obscene paintings, photographs and cinematograph films for the purpose of distribution or public exhibition as well as any indecent show or performances tending to corrupt morals. However, there does not appear to be a provision specifically prohibiting the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances, as required by Article 3(b) of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances is specifically prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Dangerous Drugs Act (Cap. 98) of 1941 as amended up to 1978 prohibits: (i) the import, export, cultivation of raw opium, Indian hemp and coca leaf (sections 4 to 7); (ii) the import, export, manufacture, selling or dealing of prepared opium (sections 11 and 12); and (iii) the import and export of other dangerous drugs, such as medicinal opium, morphine, cocaine and other drugs (section 14). However, it does not specifically establish offences related to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that, according to section 49 of the Labour Act, a person under the age of 18 years shall not be employed in work underground in any mine or on any ship as trimmer or stoker or work during the night. The Committee also notes the Government’s information that the Department of Labour, with the assistance through the ILO Pacific Subregional Project, is working to develop a list of types of hazardous work prohibited to children under 18 years of age. The Committee requests the Government to take the necessary measures, without delay, to develop and ensure the adoption of the list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that the Royal Solomon Islands police and the labour inspectors monitor child labour and its worst forms in the country. The Government report also states that the ILO–IPEC Tackling Child Labour through Education Project (TACKLE project) provided a few training activities for labour inspectors and various other stakeholders on issues related to child labour. It further states that a Transnational Crime Unit (TCU) supported by the Australian federal police was established to combat trafficking in persons. The Committee requests the Government to provide information on the activities of the TCU in combating trafficking of children, and to provide information on the number of cases of trafficking of children that have been identified and dealt with by them.

Article 6. Programmes of action. The Committee notes that, according to the information available from the ILO Country Office for Pacific Island Countries, a national action plan to eliminate child labour was proposed by the stakeholders at the National Child Labour Forum conducted by the ILO’s Pacific Sub-regional Child labour and Trafficking Programme in the Solomon Islands in August 2014 (Forum 2014). The Committee encourages the Government to take the necessary measures, without delay, to adopt the national action plan to eliminate child labour, including its worst forms and to provide information on its implementation.

Article 7(1). Penalties. The Committee notes that section 52 of the Labour Act, as amended by the Penalties Miscellaneous Amendments Act of 2009, establishes penalties amounting to SBD5,000 (approximately US$636) to any person who contravenes or fails to comply with any of the provisions related to the employment of children and young persons. The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions regarding the employment of children and young persons as well as the provisions relating to Article 3(a)–(c) of the Convention, including the number and kinds of penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Ministry of Education and Human Resources Development (MEHRD) adopted the Education Strategic Framework 2007–15 with the aim to provide universal access to quality basic education for all children by 2015, and improved access to technical and vocational education and training. In this regard, a National Education Action Plan (NEAP) 2010–12 was implemented following which a NEAP 2013–15, incorporating new approaches for achieving NEAP strategic goals, was adopted by the MEHRD. The Committee further notes that, according to the UNESCO statistics, in 2012 the gross enrolment ratio for primary education was 141 per cent (139.6 per cent female and 142.3 per cent male) while the gross enrolment ratio for secondary education was 48.4 per cent (47 per cent female and 49.8 per cent male). Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen the functioning of the education system, including by taking measures to increase the school enrolment, attendance and completion rates, particularly at the secondary level. It also requests the Government to provide information on the implementation of the NEAP 2013–15 and the results achieved with regard to universal access to free basic education of all children.

Clause (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. Child victims of trafficking and commercial sexual exploitation. The Committee notes from the Government’s report that the findings of a study on human trafficking in the Solomon Islands has alarmed the State. In this regard, the Committee notes that, according to the Human Trafficking in Soloman Islands: Knowledge, Attitudes and Perception Report, July 2014 based on a study conducted by the American Bar Association Rule of Law Initiatives (ABA ROLI Report), the Soloman Islands has diverse patterns of trafficking, such as internal and transnational; organized and small scale; and through sex, marriage and labour. Much of the trafficking appears to occur in and around logging camps and fishing vessels. There are reports that boys and girls are taken out to foreign and local fishing vessels by their parents for commercial sexual exploitation with fishermen in exchange for fish. Throughout 2012 and 2013, the Immigration Division made numerous reports of cases with trafficking indicators. This report also indicates that the prevalence of commercial sexual exploitation, including boys and girls, in the Soloman Islands is high. The Committee requests the Government to take effective and time-bound measures to prevent children under 18 years of age from becoming victims of trafficking and commercial sexual exploitation and to remove them from such activities while ensuring their rehabilitation and social integration.

Application in practice. The Government report indicates that apart from the study on human trafficking, there is no other statistical information available on the worst forms of child labour. According to the ILO project documentation report of 2015, a rapid assessment research conducted by the ILO in 2014 has found that child labour, especially the worst forms exists in the Solomon Islands. The Committee notes the Government’s statement that though it has in place some measures, such as the TCU and the labour inspection system to combat child labour issues, this appears to be insufficient. The Government indicates that while the underlying issue is the lack of knowledge on the issue of the worst forms of child labour, there are practical difficulties relating to human and financial resources to provide training and raise awareness through advocacy programmes and to have follow-up workshops to the Forum 2014. The Government indicates that it has requested technical assistance from the ILO in this regard. The Committee requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the forms of child labour in the country, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the data provided should be disaggregated by sex and age.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to section 77 of Immigration Act No. 3 of 2012, any person who engages in the trafficking of persons under the age of 18 years commits an offence and shall be liable to a fine not exceeding 90,000 penalty units (approximately US$11,448; one penalty unit is equal to 1 Solomon Island dollar (SBD) according to section 3(a)(3) of the Penalties Miscellaneous Amendments Act 2009) or to imprisonment for a term not exceeding ten years, or to both. “Trafficking of persons”, as defined under section 70 of the Immigration Act includes, recruiting, transporting, harbouring or receiving another person for the purposes of exploitation and the term “exploitation” includes all forms of sexual exploitation, forced labour or services, and slavery or practices similar to slavery. The Committee requests the Government to provide information on the application of the Immigration Act, in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that, according to section 144 of the Penal Code (Cap. 26) of 1963, as amended up to 1990, any person who procures or attempts to procure any girl or woman under the age of 18 years: to become a prostitute either in the Solomon Islands or elsewhere; to leave the Solomon Islands, with intent that she may become an inmate of or frequent a brothel elsewhere; or to leave her usual place of abode with intent that she may for the purposes of prostitution become an inmate of or frequent a brothel either in the Solomon Islands or elsewhere, shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

Section 149 of the Penal Code further provides that any parent or any other persons having the custody, charge or care of a minor under the age of 15 years who lets for hire or otherwise disposes of such minor with intent that such minor shall at any age be employed or used for the purpose of prostitution or unlawful sexual intercourse shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

The Committee observes that the above provisions do not prohibit the use of a child under 18 years for prostitution, i.e. by a client. Furthermore, it does not provide protection to boys between the ages of 15 and 18 years from commercial sexual exploitation. 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, procuring or offering of both boys and girls under the age of 18 for the purpose of prostitution is prohibited.

2. Pornography. The Committee notes that section 173 of the Penal Code criminalizes the offences related to the production of obscene paintings, photographs and cinematograph films for the purpose of distribution or public exhibition as well as any indecent show or performances tending to corrupt morals. However, there does not appear to be a provision specifically prohibiting the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances, as required by Article 3(b) of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances is specifically prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Dangerous Drugs Act (Cap. 98) of 1941 as amended up to 1978 prohibits: (i) the import, export, cultivation of raw opium, Indian hemp and coca leaf (sections 4 to 7); (ii) the import, export, manufacture, selling or dealing of prepared opium (sections 11 and 12); and (iii) the import and export of other dangerous drugs, such as medicinal opium, morphine, cocaine and other drugs (section 14). However, it does not specifically establish offences related to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that, according to section 49 of the Labour Act, a person under the age of 18 years shall not be employed in work underground in any mine or on any ship as trimmer or stoker or work during the night. The Committee also notes the Government’s information that the Department of Labour, with the assistance through the ILO Pacific Subregional Project, is working to develop a list of types of hazardous work prohibited to children under 18 years of age. The Committee requests the Government to take the necessary measures, without delay, to develop and ensure the adoption of the list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that the Royal Solomon Islands police and the labour inspectors monitor child labour and its worst forms in the country. The Government report also states that the ILO–IPEC Tackling Child Labour through Education Project (TACKLE project) provided a few training activities for labour inspectors and various other stakeholders on issues related to child labour. It further states that a Transnational Crime Unit (TCU) supported by the Australian federal police was established to combat trafficking in persons. The Committee requests the Government to provide information on the activities of the TCU in combating trafficking of children, and to provide information on the number of cases of trafficking of children that have been identified and dealt with by them.

Article 6. Programmes of action. The Committee notes that, according to the information available from the ILO Country Office for Pacific Island Countries, a national action plan to eliminate child labour was proposed by the stakeholders at the National Child Labour Forum conducted by the ILO’s Pacific Sub-regional Child labour and Trafficking Programme in the Solomon Islands in August 2014 (Forum 2014). The Committee encourages the Government to take the necessary measures, without delay, to adopt the national action plan to eliminate child labour, including its worst forms and to provide information on its implementation.

Article 7(1). Penalties. The Committee notes that section 52 of the Labour Act, as amended by the Penalties Miscellaneous Amendments Act of 2009, establishes penalties amounting to SBD5,000 (approximately US$636) to any person who contravenes or fails to comply with any of the provisions related to the employment of children and young persons. The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions regarding the employment of children and young persons as well as the provisions relating to Article 3(a)–(c) of the Convention, including the number and kinds of penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Ministry of Education and Human Resources Development (MEHRD) adopted the Education Strategic Framework 2007–15 with the aim to provide universal access to quality basic education for all children by 2015, and improved access to technical and vocational education and training. In this regard, a National Education Action Plan (NEAP) 2010–12 was implemented following which a NEAP 2013–15, incorporating new approaches for achieving NEAP strategic goals, was adopted by the MEHRD. The Committee further notes that, according to the UNESCO statistics, in 2012 the gross enrolment ratio for primary education was 141 per cent (139.6 per cent female and 142.3 per cent male) while the gross enrolment ratio for secondary education was 48.4 per cent (47 per cent female and 49.8 per cent male). Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen the functioning of the education system, including by taking measures to increase the school enrolment, attendance and completion rates, particularly at the secondary level. It also requests the Government to provide information on the implementation of the NEAP 2013–15 and the results achieved with regard to universal access to free basic education of all children.

Clause (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. Child victims of trafficking and commercial sexual exploitation. The Committee notes from the Government’s report that the findings of a study on human trafficking in the Solomon Islands has alarmed the State. In this regard, the Committee notes that, according to the Human Trafficking in Soloman Islands: Knowledge, Attitudes and Perception Report, July 2014 based on a study conducted by the American Bar Association Rule of Law Initiatives (ABA ROLI Report), the Soloman Islands has diverse patterns of trafficking, such as internal and transnational; organized and small scale; and through sex, marriage and labour. Much of the trafficking appears to occur in and around logging camps and fishing vessels. There are reports that boys and girls are taken out to foreign and local fishing vessels by their parents for commercial sexual exploitation with fishermen in exchange for fish. Throughout 2012 and 2013, the Immigration Division made numerous reports of cases with trafficking indicators. This report also indicates that the prevalence of commercial sexual exploitation, including boys and girls, in the Soloman Islands is high. The Committee requests the Government to take effective and time-bound measures to prevent children under 18 years of age from becoming victims of trafficking and commercial sexual exploitation and to remove them from such activities while ensuring their rehabilitation and social integration.

Application in practice. The Government report indicates that apart from the study on human trafficking, there is no other statistical information available on the worst forms of child labour. According to the ILO project documentation report of 2015, a rapid assessment research conducted by the ILO in 2014 has found that child labour, especially the worst forms exists in the Solomon Islands. The Committee notes the Government’s statement that though it has in place some measures, such as the TCU and the labour inspection system to combat child labour issues, this appears to be insufficient. The Government indicates that while the underlying issue is the lack of knowledge on the issue of the worst forms of child labour, there are practical difficulties relating to human and financial resources to provide training and raise awareness through advocacy programmes and to have follow-up workshops to the Forum 2014. The Government indicates that it has requested technical assistance from the ILO in this regard. The Committee requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the forms of child labour in the country, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the data provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to section 77 of Immigration Act No. 3 of 2012, any person who engages in the trafficking of persons under the age of 18 years commits an offence and shall be liable to a fine not exceeding 90,000 penalty units (approximately US$11,448; one penalty unit is equal to 1 Solomon Island dollar (SBD) according to section 3(a)(3) of the Penalties Miscellaneous Amendments Act 2009) or to imprisonment for a term not exceeding ten years, or to both. “Trafficking of persons”, as defined under section 70 of the Immigration Act includes, recruiting, transporting, harbouring or receiving another person for the purposes of exploitation and the term “exploitation” includes all forms of sexual exploitation, forced labour or services, and slavery or practices similar to slavery. The Committee requests the Government to provide information on the application of the Immigration Act, in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that, according to section 144 of the Penal Code (Cap. 26) of 1963, as amended up to 1990, any person who procures or attempts to procure any girl or woman under the age of 18 years: to become a prostitute either in the Solomon Islands or elsewhere; to leave the Solomon Islands, with intent that she may become an inmate of or frequent a brothel elsewhere; or to leave her usual place of abode with intent that she may for the purposes of prostitution become an inmate of or frequent a brothel either in the Solomon Islands or elsewhere, shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

Section 149 of the Penal Code further provides that any parent or any other persons having the custody, charge or care of a minor under the age of 15 years who lets for hire or otherwise disposes of such minor with intent that such minor shall at any age be employed or used for the purpose of prostitution or unlawful sexual intercourse shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

The Committee observes that the above provisions do not prohibit the use of a child under 18 years for prostitution, i.e. by a client. Furthermore, it does not provide protection to boys between the ages of 15 and 18 years from commercial sexual exploitation. 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, procuring or offering of both boys and girls under the age of 18 for the purpose of prostitution is prohibited.

2. Pornography. The Committee notes that section 173 of the Penal Code criminalizes the offences related to the production of obscene paintings, photographs and cinematograph films for the purpose of distribution or public exhibition as well as any indecent show or performances tending to corrupt morals. However, there does not appear to be a provision specifically prohibiting the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances, as required by Article 3(b) of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances is specifically prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Dangerous Drugs Act (Cap. 98) of 1941 as amended up to 1978 prohibits: (i) the import, export, cultivation of raw opium, Indian hemp and coca leaf (sections 4 to 7); (ii) the import, export, manufacture, selling or dealing of prepared opium (sections 11 and 12); and (iii) the import and export of other dangerous drugs, such as medicinal opium, morphine, cocaine and other drugs (section 14). However, it does not specifically establish offences related to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that, according to section 49 of the Labour Act, a person under the age of 18 years shall not be employed in work underground in any mine or on any ship as trimmer or stoker or work during the night. The Committee also notes the Government’s information that the Department of Labour, with the assistance through the ILO Pacific Subregional Project, is working to develop a list of types of hazardous work prohibited to children under 18 years of age. The Committee requests the Government to take the necessary measures, without delay, to develop and ensure the adoption of the list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that the Royal Solomon Islands police and the labour inspectors monitor child labour and its worst forms in the country. The Government report also states that the ILO–IPEC Tackling Child Labour through Education Project (TACKLE project) provided a few training activities for labour inspectors and various other stakeholders on issues related to child labour. It further states that a Transnational Crime Unit (TCU) supported by the Australian federal police was established to combat trafficking in persons. The Committee requests the Government to provide information on the activities of the TCU in combating trafficking of children, and to provide information on the number of cases of trafficking of children that have been identified and dealt with by them.

Article 6. Programmes of action. The Committee notes that, according to the information available from the ILO Country Office for Pacific Island Countries, a national action plan to eliminate child labour was proposed by the stakeholders at the National Child Labour Forum conducted by the ILO’s Pacific Sub-regional Child labour and Trafficking Programme in the Solomon Islands in August 2014 (Forum 2014). The Committee encourages the Government to take the necessary measures, without delay, to adopt the national action plan to eliminate child labour, including its worst forms and to provide information on its implementation.

Article 7(1). Penalties. The Committee notes that section 52 of the Labour Act, as amended by the Penalties Miscellaneous Amendments Act of 2009, establishes penalties amounting to SBD5,000 (approximately US$636) to any person who contravenes or fails to comply with any of the provisions related to the employment of children and young persons. The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions regarding the employment of children and young persons as well as the provisions relating to Article 3(a)–(c) of the Convention, including the number and kinds of penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Ministry of Education and Human Resources Development (MEHRD) adopted the Education Strategic Framework 2007–15 with the aim to provide universal access to quality basic education for all children by 2015, and improved access to technical and vocational education and training. In this regard, a National Education Action Plan (NEAP) 2010–12 was implemented following which a NEAP 2013–15, incorporating new approaches for achieving NEAP strategic goals, was adopted by the MEHRD. The Committee further notes that, according to the UNESCO statistics, in 2012 the gross enrolment ratio for primary education was 141 per cent (139.6 per cent female and 142.3 per cent male) while the gross enrolment ratio for secondary education was 48.4 per cent (47 per cent female and 49.8 per cent male). Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen the functioning of the education system, including by taking measures to increase the school enrolment, attendance and completion rates, particularly at the secondary level. It also requests the Government to provide information on the implementation of the NEAP 2013–15 and the results achieved with regard to universal access to free basic education of all children.

Clause (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. Child victims of trafficking and commercial sexual exploitation. The Committee notes from the Government’s report that the findings of a study on human trafficking in the Solomon Islands has alarmed the State. In this regard, the Committee notes that, according to the Human Trafficking in Soloman Islands: Knowledge, Attitudes and Perception Report, July 2014 based on a study conducted by the American Bar Association Rule of Law Initiatives (ABA ROLI Report), the Soloman Islands has diverse patterns of trafficking, such as internal and transnational; organized and small scale; and through sex, marriage and labour. Much of the trafficking appears to occur in and around logging camps and fishing vessels. There are reports that boys and girls are taken out to foreign and local fishing vessels by their parents for commercial sexual exploitation with fishermen in exchange for fish. Throughout 2012 and 2013, the Immigration Division made numerous reports of cases with trafficking indicators. This report also indicates that the prevalence of commercial sexual exploitation, including boys and girls, in the Soloman Islands is high. The Committee requests the Government to take effective and time-bound measures to prevent children under 18 years of age from becoming victims of trafficking and commercial sexual exploitation and to remove them from such activities while ensuring their rehabilitation and social integration.

Application in practice. The Government report indicates that apart from the study on human trafficking, there is no other statistical information available on the worst forms of child labour. According to the ILO project documentation report of 2015, a rapid assessment research conducted by the ILO in 2014 has found that child labour, especially the worst forms exists in the Solomon Islands. The Committee notes the Government’s statement that though it has in place some measures, such as the TCU and the labour inspection system to combat child labour issues, this appears to be insufficient. The Government indicates that while the underlying issue is the lack of knowledge on the issue of the worst forms of child labour, there are practical difficulties relating to human and financial resources to provide training and raise awareness through advocacy programmes and to have follow-up workshops to the Forum 2014. The Government indicates that it has requested technical assistance from the ILO in this regard. The Committee requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the forms of child labour in the country, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the data provided should be disaggregated by sex and age.

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

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

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to section 77 of Immigration Act No. 3 of 2012, any person who engages in the trafficking of persons under the age of 18 years commits an offence and shall be liable to a fine not exceeding 90,000 penalty units (approximately US$11,448; one penalty unit is equal to 1 Solomon Island Dollar (SBD) according to section 3(a)(3) of the Penalties Miscellaneous Amendments Act 2009) or to imprisonment for a term not exceeding ten years, or to both. “Trafficking of persons”, as defined under section 70 of the Immigration Act includes, recruiting, transporting, harbouring or receiving another person for the purposes of exploitation and the term “exploitation” includes all forms of sexual exploitation, forced labour or services, and slavery or practices similar to slavery. The Committee requests the Government to provide information on the application of the Immigration Act, in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that, according to section 144 of the Penal Code (Cap. 26) of 1963, as amended up to 1990, any person who procures or attempts to procure any girl or woman under the age of 18 years: to become a prostitute either in the Solomon Islands or elsewhere; to leave the Solomon Islands, with intent that she may become an inmate of or frequent a brothel elsewhere; or to leave her usual place of abode with intent that she may for the purposes of prostitution become an inmate of or frequent a brothel either in the Solomon Islands or elsewhere, shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

Section 149 of the Penal Code further provides that any parent or any other persons having the custody, charge or care of a minor under the age of 15 years who lets for hire or otherwise disposes of such minor with intent that such minor shall at any age be employed or used for the purpose of prostitution or unlawful sexual intercourse shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

The Committee observes that the above provisions do not prohibit the use of a child under 18 years for prostitution, i.e. by a client. Furthermore, it does not provide protection to boys between the ages of 15 and 18 years from commercial sexual exploitation. 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, procuring or offering of both boys and girls under the age of 18 for the purpose of prostitution is prohibited.

2. Pornography. The Committee notes that section 173 of the Penal Code criminalizes the offences related to the production of obscene paintings, photographs and cinematograph films for the purpose of distribution or public exhibition as well as any indecent show or performances tending to corrupt morals. However, there does not appear to be a provision specifically prohibiting the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances, as required by Article 3(b) of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances is specifically prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Dangerous Drugs Act (Cap. 98) of 1941 as amended up to 1978 prohibits: (i) the import, export, cultivation of raw opium, Indian hemp and coca leaf (sections 4 to 7); (ii) the import, export, manufacture, selling or dealing of prepared opium (sections 11 and 12); and (iii) the import and export of other dangerous drugs, such as medicinal opium, morphine, cocaine and other drugs (section 14). However, it does not specifically establish offences related to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that, according to section 49 of the Labour Act, a person under the age of 18 years shall not be employed in work underground in any mine or on any ship as trimmer or stoker or work during the night. The Committee also notes the Government’s information that the Department of Labour, with the assistance through the ILO Pacific Subregional Project, is working to develop a list of types of hazardous work prohibited to children under 18 years of age. The Committee requests the Government to take the necessary measures, without delay, to develop and ensure the adoption of the list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that the Royal Solomon Islands police and the labour inspectors monitor child labour and its worst forms in the country. The Government report also states that the ILO–IPEC Tackling Child Labour through Education Project (TACKLE project) provided a few training activities for labour inspectors and various other stakeholders on issues related to child labour. It further states that a Transnational Crime Unit (TCU) supported by the Australian federal police was established to combat trafficking in persons. The Committee requests the Government to provide information on the activities of the TCU in combating trafficking of children, and to provide information on the number of cases of trafficking of children that have been identified and dealt with by them.

Article 6. Programmes of action. The Committee notes that, according to the information available from the ILO Country Office for Pacific Island Countries, a national action plan to eliminate child labour was proposed by the stakeholders at the National Child Labour Forum conducted by the ILO’s Pacific Sub-regional Child labour and Trafficking Programme in the Solomon Islands in August 2014 (Forum 2014). The Committee encourages the Government to take the necessary measures, without delay, to adopt the national action plan to eliminate child labour, including its worst forms and to provide information on its implementation.

Article 7(1). Penalties. The Committee notes that section 52 of the Labour Act, as amended by the Penalties Miscellaneous Amendments Act of 2009, establishes penalties amounting to SBD5,000 (approximately US$636) to any person who contravenes or fails to comply with any of the provisions related to the employment of children and young persons. The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions regarding the employment of children and young persons as well as the provisions relating to Article 3(a)–(c) of the Convention, including the number and kinds of penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Ministry of Education and Human Resources Development (MEHRD) adopted the Education Strategic Framework 2007–15 with the aim to provide universal access to quality basic education for all children by 2015, and improved access to technical and vocational education and training. In this regard, a National Education Action Plan (NEAP) 2010–12 was implemented following which a NEAP 2013–15, incorporating new approaches for achieving NEAP strategic goals, was adopted by the MEHRD. The Committee further notes that, according to the UNESCO statistics, in 2012 the gross enrolment ratio for primary education was 141 per cent (139.6 per cent female and 142.3 per cent male) while the gross enrolment ratio for secondary education was 48.4 per cent (47 per cent female and 49.8 per cent male). Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen the functioning of the education system, including by taking measures to increase the school enrolment, attendance and completion rates, particularly at the secondary level. It also requests the Government to provide information on the implementation of the NEAP 2013–15 and the results achieved with regard to universal access to free basic education of all children.

Clause (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. Child victims of trafficking and commercial sexual exploitation. The Committee notes from the Government’s report that the findings of a study on human trafficking in the Solomon Islands has alarmed the State. In this regard, the Committee notes that, according to the Human Trafficking in Soloman Islands: Knowledge, Attitudes and Perception Report, July 2014 based on a study conducted by the American Bar Association Rule of Law Initiatives (ABA ROLI Report), the Soloman Islands has diverse patterns of trafficking, such as internal and transnational; organized and small scale; and through sex, marriage and labour. Much of the trafficking appears to occur in and around logging camps and fishing vessels. There are reports that boys and girls are taken out to foreign and local fishing vessels by their parents for commercial sexual exploitation with fishermen in exchange for fish. Throughout 2012 and 2013, the Immigration Division made numerous reports of cases with trafficking indicators. This report also indicates that the prevalence of commercial sexual exploitation, including boys and girls, in the Soloman Islands is high. The Committee requests the Government to take effective and time-bound measures to prevent children under 18 years of age from becoming victims of trafficking and commercial sexual exploitation and to remove them from such activities while ensuring their rehabilitation and social integration.

Application in practice. The Government report indicates that apart from the study on human trafficking, there is no other statistical information available on the worst forms of child labour. According to the ILO project documentation report of 2015, a rapid assessment research conducted by the ILO in 2014 has found that child labour, especially the worst forms exists in the Solomon Islands. The Committee notes the Government’s statement that though it has in place some measures, such as the TCU and the labour inspection system to combat child labour issues, this appears to be insufficient. The Government indicates that while the underlying issue is the lack of knowledge on the issue of the worst forms of child labour, there are practical difficulties relating to human and financial resources to provide training and raise awareness through advocacy programmes and to have follow-up workshops to the Forum 2014. The Government indicates that it has requested technical assistance from the ILO in this regard. The Committee requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the forms of child labour in the country, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the data provided should be disaggregated by sex and age.

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

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to section 77 of Immigration Act No. 3 of 2012, any person who engages in the trafficking of persons under the age of 18 years commits an offence and shall be liable to a fine not exceeding 90,000 penalty units (approximately US$11,448; one penalty unit is equal to 1 Solomon Island Dollar (SBD) according to section 3(a)(3) of the Penalties Miscellaneous Amendments Act 2009) or to imprisonment for a term not exceeding ten years, or to both. “Trafficking of persons”, as defined under section 70 of the Immigration Act includes, recruiting, transporting, harbouring or receiving another person for the purposes of exploitation and the term “exploitation” includes all forms of sexual exploitation, forced labour or services, and slavery or practices similar to slavery. The Committee requests the Government to provide information on the application of the Immigration Act, in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Slavery, debt bondage, forced or compulsory labour. The Committee notes that article 6 of the Constitution prohibits slavery or servitude and further stipulates that no person shall be required to perform forced labour. Under section 256 of the Penal Code, any person who unlawfully compels any other person to labour against the will of that person is guilty of a misdemeanour.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that, according to section 144 of the Penal Code (Cap. 26) of 1963, as amended up to 1990, any person who procures or attempts to procure any girl or woman under the age of 18 years: to become a prostitute either in the Solomon Islands or elsewhere; to leave the Solomon Islands, with intent that she may become an inmate of or frequent a brothel elsewhere; or to leave her usual place of abode with intent that she may for the purposes of prostitution become an inmate of or frequent a brothel either in the Solomon Islands or elsewhere, shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

Section 149 of the Penal Code further provides that any parent or any other persons having the custody, charge or care of a minor under the age of 15 years who lets for hire or otherwise disposes of such minor with intent that such minor shall at any age be employed or used for the purpose of prostitution or unlawful sexual intercourse shall be guilty of a misdemeanour and shall be liable to imprisonment for two years.

The Committee observes that the above provisions do not prohibit the use of a child under 18 years for prostitution, i.e. by a client. Furthermore, it does not provide protection to boys between the ages of 15 and 18 years from commercial sexual exploitation. 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, procuring or offering of both boys and girls under the age of 18 for the purpose of prostitution is prohibited.

2. Pornography. The Committee notes that section 173 of the Penal Code criminalizes the offences related to the production of obscene paintings, photographs and cinematograph films for the purpose of distribution or public exhibition as well as any indecent show or performances tending to corrupt morals. However, there does not appear to be a provision specifically prohibiting the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances, as required by Article 3(b) of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances is specifically prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Dangerous Drugs Act (Cap. 98) of 1941 as amended up to 1978 prohibits: (i) the import, export, cultivation of raw opium, Indian hemp and coca leaf (sections 4 to 7); (ii) the import, export, manufacture, selling or dealing of prepared opium (sections 11 and 12); and (iii) the import and export of other dangerous drugs, such as medicinal opium, morphine, cocaine and other drugs (section 14). However, it does not specifically establish offences related to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that, according to section 49 of the Labour Act, a person under the age of 18 years shall not be employed in work underground in any mine or on any ship as trimmer or stoker or work during the night. The Committee also notes the Government’s information that the Department of Labour, with the assistance through the ILO Pacific Subregional Project, is working to develop a list of types of hazardous work prohibited to children under 18 years of age. The Committee requests the Government to take the necessary measures, without delay, to develop and ensure the adoption of the list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that the Royal Solomon Islands police and the labour inspectors monitor child labour and its worst forms in the country. The Government report also states that the ILO–IPEC Tackling Child Labour through Education Project (TACKLE project) provided a few training activities for labour inspectors and various other stakeholders on issues related to child labour. It further states that a Transnational Crime Unit (TCU) supported by the Australian federal police was established to combat trafficking in persons. The Committee requests the Government to provide information on the activities of the TCU in combating trafficking of children, and to provide information on the number of cases of trafficking of children that have been identified and dealt with by them.

Article 6. Programmes of action. The Committee notes that, according to the information available from the ILO Country Office for Pacific Island Countries, a national action plan to eliminate child labour was proposed by the stakeholders at the National Child Labour Forum conducted by the ILO’s Pacific Sub-regional Child labour and Trafficking Programme in the Solomon Islands in August 2014 (Forum 2014). The Committee encourages the Government to take the necessary measures, without delay, to adopt the national action plan to eliminate child labour, including its worst forms and to provide information on its implementation.

Article 7(1). Penalties. The Committee notes that section 52 of the Labour Act, as amended by the Penalties Miscellaneous Amendments Act of 2009, establishes penalties amounting to SBD5,000 (approximately US$636) to any person who contravenes or fails to comply with any of the provisions related to the employment of children and young persons. The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions regarding the employment of children and young persons as well as the provisions relating to Article 3(a)–(c) of the Convention, including the number and kinds of penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Ministry of Education and Human Resources Development (MEHRD) adopted the Education Strategic Framework 2007–15 with the aim to provide universal access to quality basic education for all children by 2015, and improved access to technical and vocational education and training. In this regard, a National Education Action Plan (NEAP) 2010–12 was implemented following which a NEAP 2013–15, incorporating new approaches for achieving NEAP strategic goals, was adopted by the MEHRD. The Committee further notes that, according to the UNESCO statistics, in 2012 the gross enrolment ratio for primary education was 141 per cent (139.6 per cent female and 142.3 per cent male) while the gross enrolment ratio for secondary education was 48.4 per cent (47 per cent female and 49.8 per cent male). Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen the functioning of the education system, including by taking measures to increase the school enrolment, attendance and completion rates, particularly at the secondary level. It also requests the Government to provide information on the implementation of the NEAP 2013–15 and the results achieved with regard to universal access to free basic education of all children.

Clause (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. Child victims of trafficking and commercial sexual exploitation. The Committee notes from the Government’s report that the findings of a study on human trafficking in the Solomon Islands has alarmed the State. In this regard, the Committee notes that, according to the Human Trafficking in Soloman Islands: Knowledge, Attitudes and Perception Report, July 2014 based on a study conducted by the American Bar Association Rule of Law Initiatives (ABA ROLI Report), the Soloman Islands has diverse patterns of trafficking, such as internal and transnational; organized and small scale; and through sex, marriage and labour. Much of the trafficking appears to occur in and around logging camps and fishing vessels. There are reports that boys and girls are taken out to foreign and local fishing vessels by their parents for commercial sexual exploitation with fishermen in exchange for fish. Throughout 2012 and 2013, the Immigration Division made numerous reports of cases with trafficking indicators. This report also indicates that the prevalence of commercial sexual exploitation, including boys and girls, in the Soloman Islands is high. The Committee requests the Government to take effective and time-bound measures to prevent children under 18 years of age from becoming victims of trafficking and commercial sexual exploitation and to remove them from such activities while ensuring their rehabilitation and social integration.

Application in practice. The Government report indicates that apart from the study on human trafficking, there is no other statistical information available on the worst forms of child labour. According to the ILO project documentation report of 2015, a rapid assessment research conducted by the ILO in 2014 has found that child labour, especially the worst forms exists in the Solomon Islands. The Committee notes the Government’s statement that though it has in place some measures, such as the TCU and the labour inspection system to combat child labour issues, this appears to be insufficient. The Government indicates that while the underlying issue is the lack of knowledge on the issue of the worst forms of child labour, there are practical difficulties relating to human and financial resources to provide training and raise awareness through advocacy programmes and to have follow-up workshops to the Forum 2014. The Government indicates that it has requested technical assistance from the ILO in this regard. The Committee requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the forms of child labour in the country, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the data provided should be disaggregated by sex and age.