Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Minimum Age Convention, 1973 (No. 138) - Kiribati (Ratification: 2009)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s indication in its report that the Ministry of Employment and Human Resources (MEHR) continues its efforts to develop and implement a National Action Plan for the elimination of child labour, and that the process is currently awaiting further support and technical assistance from the ILO.

The Committee also notes the Government’s reference to recent progress in capacity-building and policy development. In particular, during the Evidence-Based Policymaking Training conducted by the ILO Research Department in Nadi, a labour inspector from the MEHR developed a policy brief aimed at strengthening national efforts to eliminate child labour, which is expected to serve as a foundational tool for the formulation of a broader National Action Plan.

The Committee further notes the Government’s indication that the Kiribati National Statistics Office (NSO) continues to play a central role in collecting labour and child labour data through national surveys. The Government indicates that the next Multiple Indicator Cluster Survey (MICS) is planned for 2026 and will include a child labour module, subject to the availability of funds.

The Government acknowledges, however, that current data systems do not yet capture comprehensive information on child labour, including in the informal economy. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that a National Action Plan for the progressive elimination of child labour is developed and adopted in the near future. It requests the Government to continue providing information on the progress made in this regard and to indicate the activities undertaken and results achieved. Recalling the importance of statistical data to assess the application of the Convention in practice, the Committee requests the Government to strengthen its efforts to develop a statistical database that includes information on the nature, extent and trends of child labour, indicating the sectors of economic activity where child labour is more prevalent. The Committee requests the Government to continue to provide information on the progress achieved in this respect.

Article 2(2). Raising the minimum age for admission to employment or work. The Committee once again requests the Government to consider the possibility of sending a new declaration under Article 2(2) of the Convention, thereby notifying the Director-General of the ILO, that the minimum age specified at the time of ratification of the Convention has been raised from 14 to 15 years.

Article 3(2). Determination of types of hazardous work. The Committee notes with satisfaction the adoption of the detailed list of types of work or occupations that children under 18 are not allowed to participate in under any circumstances, by virtue of the Hazardous Work Prohibited for Children Under 18 Years of Age Regulations, 2023. These include, among others, heavy manual lifting; work with power tools and sharp instruments; heavy physical labour; working in processes involving extreme cold and hot temperatures; working in confined spaces; and working with hazardous substances, drugs, and harmful chemicals. The Committee requests the Government to provide information on the application in practice of the Hazardous Work Prohibited for Children under 18 years of Age Regulations, 2023, including statistics on the number and nature of violations reported and penalties imposed.

Article 7(1). Light work. The Committee previously noted that the Employment and Industrial Relations Code (Amendment) Act 2017, had amended section 116 to remove the requirement that light work shall not prejudice the child’s participation in vocational training and the child’s ability to benefit from vocational training. 

The Committee notes the Government’s indication that the re-inclusion of vocational training requirements in section 116 of the Employment and Industrial Relations Code (EIRC) will require further consultation to determine the most appropriate approach. The Government indicates that the MEHR is proposing to introduce amendments to the EIRC this year and will consider including this matter as part of the proposed amendment or, if more suitable, addressing it through regulation. The Committee requests the Government to continue to provide information on the results of the consultations held concerning the re-inclusion of vocational training requirements in section 116 of the EIRC or its adoption in any other form of regulation.

Article 7(3). Determination of light work activities. The Committee notes with satisfaction the adoption of the List of Light Work for Children Regulations, 2022. The Committee notes that under the Regulations: (1) section 3 defines a young child as one between 13 and 14 years of age, and light work as employment that is not harmful to the child’s health or development and does not prejudice school attendance or the ability to benefit from education; (2) section 5 regulates working hours, prohibiting night work (between 6 p.m. and 6 a.m.) and limiting work to a maximum of two hours per day and 10 hours per week during school weeks, and four hours per day and 20 hours per week during school holidays; and (3) section 8 specifies the types of light work permitted, including office and clerical work, artistic and cultural activities, light gardening and agricultural work, street or market vending, shop assistance, and delivery or errand work, provided these activities do not endanger the child’s health, safety or development.

The Committee requests the Government to provide information on the application in practice of the List of Light Work for Children Regulations, 2022, including statistics on the number and nature of violations reported and penalties imposed.

Article 9(1). Penalties and labour inspection. Following its previous comments, the Committee notes the Government’s indication that it continues to strengthen the institutional capacity of the MEHR, which carries out labour inspections, including those related to child labour. The Government indicates that the number of labour inspectors increased from four in 2023 to seven in 2024, including two inspectors stationed on Christmas Island. The Government acknowledges that further capacity development is required, particularly in relation to access to appropriate inspection tools and operational support.

The Committee also notes the Government’s indication that, although no penalties have yet been imposed under sections 115(6) and 117(4) of the EIRC, the MEHR is actively taking steps to address this gap. The Government indicates that work is currently under way towards the adoption of the EIRC Administrative Regulation to facilitate the application and issuance of fixed penalty notices, as provided for in the EIRC (Amendment) Act of 2018. Once adopted, this regulatory framework is expected to strengthen enforcement by providing clear procedures and authority for imposing penalties on non-compliant employers.

The Committee further notes that the Government continues its efforts to raise public awareness of the EIRC, reaching nearly all 18 islands of Kiribati. The Committee requests the Government to continue its efforts to strengthen the capacity of the Labour Inspectorate, with a view to ensuring the effective implementation of the penalties provided for under sections 115(6) and 117(4) of the EIRC. It also requests the Government to continue to provide information on the application of these penalties in practice, including the number and nature of violations detected and penalties imposed, as well as on the progress made towards the adoption of the EIRC Administrative Regulation. It requests the Government to continue to provide information on the impact of the awareness-raising activities conducted in relation to the EIRC on the enforcement and monitoring of the provisions giving effect to the Convention.