Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 138) sur l'âge minimum, 1973 - Iles Salomon (Ratification: 2013)

Article 2(1) and (5) of the Convention. Minimum age for admission to employment or work. The Committee previously noted that: (1) upon ratification, the Solomon Islands specified a minimum age for work or employment of 14 years; and (2) section 47 of the Labour Act (Cap. 73, 1996 edition) provides that a child under the age of 15 years shall not be employed or work in any industrial undertaking or in any branch thereof, except in employment approved by the Minister, nor on any ship.

The Committee notes the Government’s statement, in its report, that it is considering increasing the minimum age for admission to employment or work. However, it notes that the Labour Act still does not clearly specify a minimum age for admission to employment or work. The Committee therefore requests the Government to take the necessary legislative measures to ensure that no person under the specified minimum age (14 years) may be admitted to employment or work in any occupation whatsoever. It also requests the Government to indicate the progress reached in raising the minimum age for admission to work or employment.

Article 2(3). Age of completion of compulsory education. The Committee notes the Government’s indication that the Education Act was adopted in 2023. However, while section 61 of the Education Act provides for compulsory school attendance from the age of 6 years, the Committee notes with regret that the Act does not specify an age for completion of compulsory schooling. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to take the necessary steps to make education compulsory until the minimum age for admission to employment, namely 14 years. It requests the Government to provide information on any progress achieved in this regard.

Article 3(2). Determination of types of hazardous work. The Committee previously noted, in its comments formulated under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Government was developing a list of types of hazardous work prohibited to children under the age of 18, with the technical support of the ILO. Noting that no information is provided on any progress achieved this respect, the Committee once again urges the Government to take all the necessary measures to finalize and adopt a list of types of hazardous work prohibited for young persons under 18 years of age, in consultation with the organizations of employers and workers concerned. It once again requests the Government to provide a copy of the list once adopted.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee previously noted that: (1) section 49 of the Labour Act prohibits the employment of children under 18 years of age to work during the night, underground in mines, and on ships as trimmers or stokers, with the exception of male children who have attained the age of 16 and are medically fit to carry out such types of work and with the permission in writing of the Commissioner of Labour; and (2) the National Trade Training and Testing Unit of the Labour Division is the entity responsible for ensuring that all persons who intend to undertake hazardous work receive the necessary training.

The Committee notes the Government’s indication that no request for such training was received by the Labour Division. The Committee requests the Government to take the necessary measures, including through legislative measures, to ensure that children aged 16 years and above may only be employed in hazardous work on the condition that their health, safety and morals are fully protected and that they receive adequate specific instruction and vocational training in the relevant branch of activity.

Article 7. Minimum age for admission to light work and determination of light work. The Committee previously noted that section 46 of the Labour Act permits children under the age of 12 to be employed by and in company with parents or guardians in light work of an agricultural, domestic or other character, provided that it has been approved by the Commissioner of Labour. The Committee once again recalls that, under Article 7 of the Convention, children may engage in light work only from the age of 12, and only where such work is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes or their capacity to benefit from the instruction received. In this regard, the Committee takes note of the Government’s reiterated indication that it will take measures to bring its legislation in line with the requirements of Article 7 of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that the Labour Act is amended with a view to: (i) establishing a minimum age of 12 years for light work; (ii) ensuring that the conditions prescribed by Article 7(1) of the Convention are met, namely that the work is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes or their capacity to benefit from the instruction received; and (iii) determining light work activities permitted to children from 12 years of age, as well as the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee requests the Government to provide information on any progress achieved in this regard.

Article 8. Artistic performances. The Committee takes note of the Government’s indication that it will take the necessary action during the labour law review to ensure that the participation of children in artistic performances is regulated in accordance with Article 8 of the Convention. The Committee therefore requests the Government to take the necessary measures, in consultation with the organizations of employers and workers concerned, to: (i) regulate the participation of children under 14 years of age in artistic performances; and (ii) establish a system by which the competent authority may grant permits in individual cases, to participate in artistic performances, limiting the number of hours during which and prescribing the conditions in which such employment or work is allowed.

Recalling that the Labour Advisory Board has been established and that it is undertaking the review of the labour legislation, with the technical assistance of the ILO, the Committee hopes that its comments on discrepancies between national legislation and the Convention will be taken into account during this review.

The Committee is raising other matters in a request addressed directly to the Government.