Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Seychelles (Ratificación : 1999)

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

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

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

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

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

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

Article 6(1). Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that the National Council for Children has undertaken several sensitization campaigns to raise awareness on child rights and child protection. The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 23 January 2012 (CRC/C/AYC/CO/2-4, paragraph 14) expressed concern that the National Plan of Action for Children adopted for the period 2005–09, had not been evaluated and that no subsequent comprehensive plan or strategies for children had been adopted. It also notes the concerns expressed by the CRC that while tourism and fisheries constituted the pillars of Seychelles economy, the Government had not yet adopted any measures to protect children from tourism-related activities, child sex tourism and child prostitution. The Committee accordingly requests the Government to adopt a national strategy or plan for preventing and eliminating the worst forms of child labour, particularly commercial sexual exploitation. It requests the Government to provide information on any measures taken in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes from the Government’s report that since 2010, the Ministry of Education has introduced a Technical and Vocational Education and Training (TVET) programme for secondary school students aged at least 16 years who have academic difficulty in following the school curriculum. According to the Government’s report, this programme serves as a means to deter students who are academically weak, from dropping out of school. The Committee also notes from the Government’s report that students who are economically disadvantaged are provided financial support through a dedicated fund by the Government since 2009. It further notes the Government’s indication in its written replies to the list of issues raised by the CRC (CRC/C/SYC/Q/2-4/Add.1, 14 September 2011) that according to recent statistics, 732 secondary school students were accessing the dedicated fund. The Committee notes, however, that the CRC, in its concluding observations of 23 January 2012 (CRC/C/SYC/CO/2-4, para. 59) remained concerned at the high drop-out rates, truancy and absenteeism, especially among boys, and inadequate vocational training for girls. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to decrease the drop-out rates and reduce the number of out-of-school children, paying special attention to boys, as well as to take measures to provide adequate vocational training for girls. It requests the Government to provide information on the measures taken to this end, and on the results achieved.

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

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

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