Comments adopted by the CEACR: Cook Islands

Adopted by the CEACR in 2019

C014 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee takes note of the information provided by the Government in its first report.

Article 2 of the Convention. Weekly rest entitlement. The Committee notes that the legislation in force does not expressly provide for workers’ entitlement to enjoy, in every period of seven days, a period of rest comprising at least 24 consecutive hours, as required by Article 2 of the Convention. It notes that the Government acknowledges this gap and that it indicates that an ILO Legislative Compliance Review of Labour Laws in the country had recommended an amendment to the Employment Relations Act of 2012 (ERA) to give effect to the Convention. The Committee therefore requests the Government to take the necessary measures, including any legislative amendments, to ensure that the principle of weekly rest is guaranteed in conformity with the Convention and to provide information in this regard.

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s first report.

Articles 1(1) and 2(1) of the Convention. Prohibition of forced labour, including trafficking in persons. The Committee notes that the legislation under examination, including the Constitution of 1964, the Employment Relations Act of 2012 and the Crimes Act of 1969 do not provide for a comprehensive prohibition nor a definition of forced labour in compliance with the Convention.

The Committee notes the Government’s indication that a Crimes Bill of 2017 is before the Parliament. The Bill will deal with slavery and forced labour as well as human trafficking in Part 17. Specifically, sections 305–306 will address forced labour. The Committee requests the Government to take the necessary measures to incorporate in the Crimes Bill a comprehensive prohibition of forced labour, including trafficking in persons to give effect to the Convention. The Committee also requests the Government to provide information on the phenomenon of trafficking in persons in the Cook Islands, indicating the measures in this regard.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. The Committee notes the absence of information regarding the freedom of civil servants to leave their service. The Committee requests the Government to provide information on the manner in which civil servants can resign voluntarily from their service and to provide a copy of the relevant legislation in this regard.

Article 2(2)(b). Civic obligations. The Committee notes an absence of information on this point. The Committee requests the Government to indicate the nature of the civic obligations that citizens may be requested to perform, providing copies of the relevant legislation in this regard.

Article 2(2)(c). Prison labour. The Committee notes an absence of information on this point. The Committee requests the Government to provide information on the work of convicted persons, indicating whether they may perform labour for private individuals, companies or associations, and if so, under what conditions. The Committee also requests the Government to supply the relevant legislation regulating such work.

Article 2(2)(d). Emergency situations. The Committee notes an absence of information on this point. The Committee requests the Government to indicate the legislation regulating cases of emergency. It also requests the Government to indicate the guarantees provided to ensure that the power to call up labour in such cases is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2(2)(e). Minor communal services. The Committee notes an absence of information on this point. The Committee requests the Government to indicate whether any labour or service may be required as minor communal services from members of the community and the conditions under which such work or service is fulfilled. Please provide a copy of the relevant legislation in this regard.

Article 25. Penalties for the exaction of forced labour. The Committee notes that under section 109(1) of the Crimes Act, the act of selling, purchasing, transferring and hiring – among others – a person as a slave and the act of inducing a person into debt bondage or serfdom is punishable with imprisonment for a term not exceeding 14 years. The Committee notes the Government’s indication that that there have been no recorded official cases of forced labour either through the police, the Ministry or any other government agencies.

The Committee further notes the Government’s indication that sections 305–306 of the Crimes Bill will address forced labour.

The Committee recalls that Article 25 of the Convention provides that the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced. The Committee hopes that, within the framework of the adoption of the Crimes Bill, the Government will take the necessary measures to incorporate in it a comprehensive provision providing for penalties for the offence of forced labour and trafficking in persons for both labour and sexual exploitation and that the penalties imposed will be really adequate and strictly enforced. Please provide information on the progress made in this regard.

C099 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee takes note of the information provided by the Government in its first report.

Articles 1 to 4 of the Convention. Minimum wage system. The Committee notes that the Employment Relations Act of 2012 (ERA) and the Employment Relations (Review of Minimum Rate of Pay) Regulations of 2013 provide for the minimum wage-fixing machinery. The minimum rate or rates of pay are set by ministerial regulations. They are reviewed annually by a tripartite Review Panel. The Employment Relations (Minimum Rate of Pay) Regulations 2018 set the minimum wage rate applicable to all employees as of 1 July 2018.

The Committee further notes that no specific sanctions are provided for in the ERA in relation to the non-payment of wages. In this regard, the Committee draws the Government´s attention to Article 4 (1), which provides that compliance measures shall include such sanctions as may be necessary and appropriate in the country. The Committee requests the Government to provide information on the sanctions applicable in case of non-payment of the minimum wage as well as their application in practice.

C105 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s first report.

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to supply, with its next report, a copy of the Prisons Act as well as copies of the legislation in force in the following fields: laws governing the press and other media; and laws governing political parties.

Article 1(c). Punishment for breaches of labour discipline. 1. Disciplinary measures applicable to civil servants. The Committee requests the Government to supply copies of legislative texts governing civil servants’ obligations, to enable it to assess the nature of disciplinary measures that may be imposed on employees.

2. Disciplinary measures applicable to seafarers. The Committee requests the Government to provide a copy of the law governing the conditions of employment of merchant seafarers, indicating the disciplinary sanctions that may be applied to them.

Article 1(d). Penal sanctions involving compulsory labour for having participated in strikes. The Committee observes an absence of information in the Government’s report on legislation prohibiting the imposition of forced labour as a punishment for having participated in strikes. It therefore requests the Government to supply a copy of the law regulating trade union activities and the exercise of the right to strike.