Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Kiribati (Ratification: 2009)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2021. The Committee notes the detailed discussion which took place at the 109th Session of the Conference Committee on the Application of Standards in June 2021, concerning the application by Kiribati of the Convention, as well as the Government’s report.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that section 118(f) of the Employment and Industrial Relations Code, 2015 (EIRC), established penalties for the use, procuring or offering of a child for prostitution. It noted that the ILO-IPEC Rapid assessment study of 2012 identified 33 girls between 10 and 17 years who were engaged in prostitution. This study indicated that 85 per cent of these girls first engaged in prostitution between 10 and 15 years of age and that the most common place for prostitution was on foreign boats. The Committee further noted that the Committee on the Elimination of Discrimination against Women as well as the UN Country Team Fiji (which covers Kiribati) highlighted, in their reports of 2020, the existence of commercial sexual exploitation of children, in particular on foreign fishing vessels. The Committee requested the Government to take the necessary measures to ensure that persons contravening section 118(f) of the EIRC are investigated and prosecuted and to provide information on the number of violations identified as well as on the prosecutions, convictions and penalties applied.

The Committee notes from the Government’s written information to the Conference Committee that the labour inspectors are working with the police department for prosecutions of more serious on-going cases of non-compliance. The Committee also notes the statement made by the Government representative to the Conference Committee that initiatives are underway to improve monitoring of the worst forms of child labour through policy and legislative reforms, better response systems in the form of referral pathways and better coordination with stakeholders. The Committee notes that the Conference Committee urged the Government to effectively investigate and prosecute perpetrators of child prostitution, including through the establishment of formal procedures to proactively identify victims and refer them to protective services.

The Committee notes the observations made by the ITUC that there is a persistent practice of child prostitution and sexual exploitation of girls among vulnerable populations. However, there are no reported cases which points to the severe shortcomings in the enforcement of the legislation, programmes and institutional measures.

The Committee notes the Government’s information in its report that currently there are no prosecutions of perpetrators of child prostitution with the Kiribati Police Service (KPS). The Government indicates that the KPS through the Domestic Violence, Child Protection and Sexual offence Unit (DCSU) provides protective measures to children at risk and support in prosecuting perpetrators involved in the worst forms of child labour. The Committee further notes the Government’s statement referring to the need to (i) establish a well-coordinated approach towards the worst forms of child labour; (ii) the revision of legislative and policy measures; and (iii) to provide special training and capacity building of the labour inspectors and law enforcement bodies to attain a more successful result in prosecution. The Committee encourages the Government to take the necessary measures to strengthen the capacities of the law enforcement bodies in order to better identify, investigate and prosecute perpetrators of the offences related to the use, procuring or offering of children under 18 years for prostitution. It requests the Government to continue providing information on the measures taken in this regard as well as information on the application in practice of section 118(f) of the EIRC, including the investigations, prosecutions and penalties applied.

Article 7(2). 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 child labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation. The Committee previously noted that the Kiribati Community Police patrol carried out rounds during the night to prevent and remove child victims of commercial sexual exploitation. It also noted that the Ministry of Women, Youth, Sports and Social Affairs (MWYSSA) and the Ministry of Health and Medical Services established new divisions responsible for providing counselling and guidance in resolving problems, including for cases of the worst forms of child labour. It further noted that the MWYSSA conducted awareness-raising activities among owners and members of kava bars who employ underage girls to work at night and also provided advice and counselling to these children and empowered them to integrate into the community, including through education and awareness-raising.

The Committee notes the Government’s information that the Social Welfare Officers (SWO) are mandated to ensure the safety, welfare and well-being of children under 18 years of age pursuant to the provisions of the Children, Young People and Family Welfare Act of 2013. Accordingly, a Child Protection Referral Pathway (CPRP) which comprises the related ministries, the KPS, NGOs and communities has been established to report and refer cases of exploitation of children and provide protection and assistance to child victims. For any reports received concerning the exploitation of children, the SWO takes immediate measures to withdraw children from such situation and send them to their parents and monitor the case. The Government also indicates that it has initiated a toll-free number to report on activities considered to be the worst forms of child labour. The MWYSSA, the Ministry of Employment and Human Resource and the Ministry of Education conduct awareness raising programmes at schools on the worst forms of child labour. While noting the measures taken by the Government, the Committee requests the Government to strengthen its measures to prevent the engagement of children in commercial sexual exploitation, and to remove them from this worst form of child labour as well as to rehabilitate and socially integrate them. It requests the Government to provide information on the measures taken in this regard, as well as on the number of children under 18 years of age who have been removed from commercial sexual exploitation and provided with appropriate care and assistance.

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