Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Brunéi Darussalam (Ratification: 2008)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Prostitution. The Committee previously observed that the explanations accompanying the prohibition on procuring or offering of children under the age of 18 years for prostitution or illicit intercourse as contained under sections 366A, 372 and 373 of the Penal Code referred to a “female under the age of 18 years”. It also observed that the use of children under 18 years for prostitution by a client did not appear to be prohibited under the Penal Code.

The Committee notes with interest from the Government’s report that according to section 377D of the Penal Code, as amended in 2012, whoever obtains for consideration the sexual services of a person who is under the age of 18 years shall be punished with imprisonment for up to seven years. Moreover, sections 377E and 377F of the Penal Code, as amended in 2012, make it an offence for any citizen of Brunei Darussalam to commit an offence under section 377D outside of Brunei Darussalam. The Committee requests the Government to provide a copy of the Penal Code as amended in 2012.

Pornography. The Committee previously noted that the use, procuring or offering of a child for the production of pornography or pornographic performances is not specifically prohibited under national legislation.

The Committee notes from the Government’s report that taking, distributing, showing, advertising or providing access to indecent photographs of a child (section 293B); and the printing and publication of voyeuristic recordings (section 377I) are punishable offences under the Penal Code, Amendment Act of 2012. The Committee also notes that according to section 28(1)(b) of the Children and Young Persons Act No. 9 of 2006, (revised edition 2012), any person, who being a person having the care of a child or young person sexually abuses the child or young persons or causes him to be so abused, shall be punished with imprisonment for a term not exceeding ten years and with a fine. According to section 2(3)(c) of this Act, a child or young person is sexually abused if he/she has taken part as a participant or an observer in any activity which is sexual in nature for the purposes of any pornographic, obscene or indecent material, photograph, recording, film, videotape or performance or for the purpose of sexual exploitation by any person for that person’s or another person’s sexual gratification. Furthermore, according to section 2(1) of this Act, a “child” is defined as a person who has not attained the age of 14 years and a “young person” is defined as persons between 14 and 18 years.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee previously noted that sections 103 and 104(1) of the Employment Order of 2009 prohibited the employment of children and young persons in any industrial undertaking which the Minister of Labour has declared to be an industrial undertaking in which no young person shall be employed. It also noted that according to section 104(2) of the Order, the Minister may, by notification published in the Gazette, declare any industrial undertaking to be an industrial undertaking in which no young person shall be employed. The Committee observed that there did not appear to be a list determining the types of hazardous work prohibited to young persons under 18 years of age.

The Committee notes the Government’s statement that the Department of Labour is currently undergoing preliminary discussions with a view to formulating a list of types of hazardous work prohibited to young persons under the age of 18 years. The Committee expresses the firm hope that the list of types of hazardous work prohibited to young persons under the age of 18 years will be finalized and adopted in the near future, after consultation with the organizations of employers and workers concerned. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. Trafficking. Following its previous comments, the Committee notes the Government’s information that a Head of Specialist Trafficking were established in 2011 to address issues related to trafficking in persons and a Human Trafficking Investigation Unit (HTU), specialized in investigating offences related to trafficking in persons was established under the Royal Brunei police force. The Government report states that the HTU investigates alleged or suspected cases of trafficking in persons, compiles data and conducts preliminary investigations into cases of unpaid wages, runaway workers, prostitution and physical abuse of workers in order to identify potential victims of trafficking. Furthermore, a standard operating procedure and a checklist containing a series of questions to identify potential victims of trafficking have been developed by the HTU. According to the Government’s report, all alleged cases of trafficking in persons are referred to the HTU which liaises with other agencies and departments for shelter, documentation, prosecution and repatriation. The Government further indicates that the Royal Brunei police force conducts briefings and information sessions to foreign embassy officials which include presentations on legislations related to trafficking in persons, and on how foreign missions and embassies could assist their nationals who are victims of trafficking. The Committee finally notes the Government’s statement that, to date, no cases of trafficking in children have been reported nor have any child victims of trafficking been identified by the HTU.

Article 7(2). Effective and time-bound measures. Clause (d). Children of migrant workers. Following its previous comments, the Committee notes the Government’s information that the Law Enforcement Section (LES) of the Department of Labour together with the Department of Immigration and National Registration ensure that all employers adhere to existing labour laws and regulations, in particular with regard to the employment of migrant workers under the age of 18 years. Consequently, no migrant workers under the age of 18 years may enter into Brunei Darussalam for employment and no contracts of employment may be entered into with a migrant worker who is below the age of 18 years. The Government also states that, to date, there have been no instances of children in Brunei Darussalam involved in the worst forms of child labour.