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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Tuvalu (Ratification: 2019)

The Committee welcomes the ratification by Tuvalu of the Worst Forms of Child Labour Convention, 1999 (No. 182), and takes due note of the Government’s first report.

Article 2 of the Convention. Definition of child. The Committee notes that section 5 of the Labour and Employment Relations Act 2017 defines a child as a person under the age of 18 years. The Committee also notes that the Family Protection and Domestic Violence Act 2014 defines a child as a person under the age of 18 years (section 3) as does the Counter Terrorism and Transnational Organised Crime Act, 2009 (section 3). However, the Committee observes that the Penal Code does not define a child. The Committee requests the Government to align the definition of a child in the Penal Code with Article 2 of the Convention to ensure that all persons under the age of 18 are protected against the worst forms of child labour.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. The Committee notes that Article 18 of the Constitution provides that no one shall be subject to slavery, servitude or forced labour. It notes that section 46(1)(a) of the Labour and Employment Relations Act criminalizes the worst forms of child labour, which includes debt bondage or serfdom and engagement in activities connected to armed conflict. It further notes that section 68 of the Counter Terrorism and Transnational Organised Crime Act 2009 criminalizes trafficking in children for the purpose of exploitation. The Committee requests the Government to provide information on the application in practice of section 68 of the Conter Terrorism and Transnational Organised Crime Act.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. 1. Prostitution of children. The Committee notes that section 46(1)(c) of the Labour and Employment Relations Act criminalizes prostitution of children, with a maximum penalty of ten years’ imprisonment. It also notes that section 136 of the Penal Code criminalizes the “procuration”, of girls under the age of 18 for prostitution. However, section 141 and 142 only criminalize “disposing of” and “obtaining” minors under the age of 15 for prostitution or unlawful sexual offences. The Committee further observes that these offences (section 136, 141 and 142) constitute misdemeanour offences, subject to two years’ imprisonment. The Committee recalls that Article 3(b) of the Convention, requires to prohibit, in law and eliminate in practice, the use, procuring or offering of any child (boy or girl) under the age of 18 years for prostitution. Therefore, the Committee requests the Government to take measures to align the ages indicated in the offences found in sections 141 and 142 of the Penal Code with section 46(1)(c) of the Labour and Employment Relations Act, to ensure that no person under the age of 18 years is subject to prostitution. In the meantime, the Committee requests the Government to provide information on the application in practice of section 46(1)(c) of the Labour and Employment Relations Act and sections 136–142 of the Penal Code, including information on the number of investigations and prosecutions carried out and sanctions imposed on perpetrators.

2. Use, procuring or offering of children for the production of pornography or for pornographic performances. The Committee notes that section 46 (1)(d) of the Labour and Employment Relations Act criminalizes the use, procuring or offering of children for the production of pornography or for pornographic performances, with a maximum penalty of ten years’ imprisonment. It also notes that section 166 of the Penal Code provides for a misdemeanour offence of “traffic in obscene publications” consisting of the making or production of obscene pictures, photographs or films, with a sanction of imprisonment for two years or a fine. The Committee also notes from the Concluding Observations for Tuvalu adopted by the United Nations Committee on the Rights of the Child in 2020, that a Cybercrime Bill that criminalizes child pornography was pending adoption (CRC/C/TUV/2-5, para. 31). The Committee requests the Government to take measures to align the penalty provided for under section 166 of the Penal Code with the penalty provided for under section 46(1)(d) of the Labour and Employment Relations Act, to ensure that sufficiently dissuasive penalties are imposed on persons who use children under the age of 18 for the production of pornography. In the meantime, the Committee requests the Government to indicate if situations of children being used for pornography have been reported under Section 46(d) of the Labour and Employment Relations Act or section 166 of the Penal Code. Finally, the Committee requests the Government to provide information on the progress made in relation to the adoption of the Cybercrime Bill.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 46 (1) (e) of the Labour and Employment Relations Act criminalizes the use, procuring or offering of a child for the– production or trafficking of illegal drugs, with a maximum penalty of ten years’ imprisonment. The Committee further notes that the Government indicates in its report that draft legislation prohibiting the use of children for illicit activities will be presented to Cabinet for parliamentary endorsement. The Committee requests the Government to indicate if situations of children being used for the purpose of trafficking of drugs have been reported under Section 46(1)(e) of the Labour and Employment Relations Act. It also requests the Government to continue providing information on the progress made with regard to the adoption of further legislative provisions prohibiting the use of children for illicit activities.

Articles 3, clause (d) and 4 of the Convention. Hazardous work and determination of hazardous work. The Committee notes that section 44 of the Labour and Employment Relations Act provides that a child must not be employed or work in any hazardous work that by its nature or the circumstances under which it is carried out is likely to jeopardize the child’s health, safety or morals. It also notes that section 8(4) of the Tuvalu Fishing Crew Regulation 2020 prohibits the employment of children under the age of 18 years as members of a crew. The Committee takes due note that the Government provides together with its report a draft list of hazardous work, which was developed through tripartite consultations and with ILO technical assistance. The Committee encourages the Government to adopt the list of types of hazardous work prohibited for children under the age of 18 years without delay and requests it to provide a copy of the adopted list in its next report.

Article 5 of the Convention. Monitoring mechanisms and application of the Convention in practice. The Committee notes the Government’s indication that mechanisms to monitor the implementation of the Convention include traditional governance structures (the Falekaupule) and labour inspectors. It also notes that, pursuant to section 104(1) of the Fisheries Management Act 2025, the Minister may make regulations to ensure compliance with child labour laws. The Committee further notes the Government’s indication that inspectors lack training, businesses are unaware of their legal obligations, and financial constraints limit coverage and awareness-raising. The Committee requests the Government to continue taking measures, in consultation with employers’ and workers’ organizations, to improve the capacities of the labour inspectorate as well as of the policy and other enforcement bodies in charge of monitoring the application of the Convention. In this regard, the Committee requests the Government to provide information on the number of inspections carried out in high-risk sectors of employment, including those identified in the draft list of hazardous work such as fishing.

Article 6 of the Convention. Programmes of action. The Committee notes that, according to Schedule 3, section 12(f) of the Falekaupule Act, the Falekaupele, in conjunction with the Government shall provide for and grant sums of money towards the maintenance and welfare of children and young persons. The Committee requests the Government to provide information about programmes of action to prevent the worst forms of child labour developed in consultations with employers’ and workers’ organizations.

Article 7(2) of the Convention. Effective and time-bound measures: Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms of labour and ensuring their rehabilitation and social integration. The Committee notes that the Government indicates that the Gender Affairs Department and a non-governmental organization provide assistance and shelter to girl victims of trafficking. The Committee requests the Government to provide information on the measures taken to remove children from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the type of assistance provided by the Gender Affairs Department to victims of trafficking.

Clauses (a) and (c). Access to free and basic education. The Committee notes that section 2 of the Education Act, defines school as any place at which any secular instruction is given to pupils below the age of 18 years. According to information from the Ministry of Education, Youth and Sport, primary education is free and compulsory to all children aged 6–13 years old and that there are nine government primary schools, one on every island. The Committee also notes that, according to statistics from the Tuvalu Education Department, as of 2022, Tuvalu had achieved universal primary school attendance, while 9.2 per cent of secondary age students were out of school. The Committee further notes that the Government acknowledges challenges in providing education on the outer islands, including geographic isolation, limited physical and financial resources, shortages of qualified staff and weak leadership, and limited support from traditional governance structures. In this regard, the Committee observed that the 2017 situation analysis of children in Tuvalu published by UNICEF concluded that disaster and climate risks affect access to and quality of education through damage to schools and infrastructure as well as diverted resources, while also exacerbating safety risks to children. The analysis additionally found that households on the outer islands are marked by higher rates of poverty and lack of access to basic services, including education. Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue to take measures towards ensuring access to free and basic education to all children, particularly those living in the outer islands. In this regard, the Committee requests the Government to provide updated statistical information on school enrolment and drop-out rates for primary and lower secondary education.

Article 7(2). Effective and time-bound measures. Clause d). Identifying and reaching out to children at special risk. The Committee notes that, according to 2017 UNICEF Situation Analysis of Children in Tuvalu, climate change and disaster risks have a considerable impact in relation to the realization of children’s rights, exacerbating the risk of violence against children, uprooting families and leaving children to live in difficult and unsafe conditions. The Committee requests the Government to continue providing information on measures taken to reach out to children at special risk of falling into the worst forms of child labour due to climate change and natural disasters.

The Committee encourages the Government to continue availing itself of ILO technical assistance to address the issues raised in this direct request