Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the observations made by the Seychelles Federation of Workers’ Unions (SFWU) received on 6 September 2019.

Articles 3 and 7(1) of the Convention. Worst forms of child labour, penalties and application in practice. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously expressed its deep concern at children under 18 years of age being potentially engaged in prostitution, particularly sex tourism, based on the indications in the 2014 mission report of the United Nations Special Rapporteur on trafficking in persons, especially women and children (A/HRC/26/37/Add.7, paragraphs 10 and 11). That report also referred to a number of factors hampering the effective and swift investigation and prosecution of trafficking cases, including the lack of comprehensive understanding of the relevant penal provisions by police officials (paragraphs 46 and 47).

The Committee notes the Government’s indication in its report, in response to the Committee’s request that four alleged cases of child prostitution were reported, one of which is under examination and three of which were transmitted for prosecution and subsequently brought to the Supreme Court. The Government adds that in some alleged cases of child prostitution, the supposed victims refuse to have the police investigate the matter. In this respect, the Committee also notes that the 2018 concluding observations of the United Nations Committee on the Rights of the Child (CRC) refer to the vulnerability of children to commercial sexual exploitation, internal sexual trafficking in the context of the flourishing tourism industry, and reported cases of forced prostitution by family members to sustain the family income (CRC/C/SYC/CO/5-6, paragraph 24). It further notes that the CRC recommends, among other things, that: (i) research be undertaken on the nature and extent of the commercial sexual exploitation of children; (ii) specific training be provided to judiciary and law enforcement officials; and (iii) accessible, confidential and child-friendly channels for the reporting of such violations be provided (paragraph 25). The Committee notes that the Government has not provided the requested information in its report on the progress made with the data collection on children involved in the worst forms of child labour. In light of the above, the Committee urges the Government to take the necessary measures to ensure that persons suspected of using, procuring, or offering children for prostitution are identified, and that thorough investigations and prosecutions are carried out in this respect, and to provide statistical information on the number and nature of violations reported, investigations and prosecutions undertaken. In this respect, the Committee asks the Government to provide information on the outcome of the four reported cases of child prostitution, three of which have been transmitted for prosecution and brought to the Supreme Court, including convictions and criminal penalties imposed. The Committee also once again requests the Government to take the necessary measures to ensure that sufficient data on the involvement of children in the worst forms of child labour, particularly in commercial sexual exploitation, are available.

Articles 3(d) and 4(1). Worst forms of child labour. Hazardous work and determination of hazardous work. Following up on its previous requests made in this respect, the Committee notes the Government’s reiterated indication that proposals to include the draft list of hazardous types of work in the Conditions of Employment Regulations have been made and that the necessary measures to have them adopted are expected in the very near future. In this respect, the Committee also notes the observations made by the SFWU that there is a need for the Government to continue with its commitment to reviewing certain provisions of national laws to bring it into conformity with the provisions of the child labour Conventions. In light of the fact that the Committee has been raising this issue since 2004, the Committee urges the Government to follow up on its reiterated commitment and take the necessary measures to ensure that the Conditions of Employment Regulations are amended and that the draft list of hazardous types of work as prohibited for children under 18 years of age is adopted in the very near future.

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