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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: observation and direct request

Article 1 of the Convention. National policy for the effective abolition of child labour. In response to its previous comments, the Committee takes note of the information provided by the Government in its report on the measures taken to protect children from child labour. It also notes that Kiribati’s Child Labour Task Force, which was established by the Decent Work Advisory Board (DWAB), met in April 2023. The meeting was attended by representatives from the Ministry of Employment and Human Resources (MEHR), the Kiribati Police Service (KPS), the Kiribati Chamber of Commerce and Industry, the Ministry of Justice, the Ministry of Women, Youth, Sport and Social Affairs (MWYSSA), the Office of the Attorney-General, the Ministry of Education and the National Statistics Office (NSO). During the meeting, the priorities identified included the finalization of the terms of reference of the Task Force and the formulation of a National Action Plan against child labour, for which the stakeholders requested ILO technical assistance. The Committee requests the Government to take the necessary measures to ensure that the National Action Plan against child labour is adopted in the near future, and to provide information on the progress made in this regard.

Article 2(2). Raising the minimum age for admission to employment or work. The Committee previously expressed the hope that the Government would take the necessary measures to ensure that the minimum age for admission to employment or work (which was 14 years of age) was not less than the age of completion of compulsory schooling (15 years of age), in conformity with the Convention.

The Committee notes with interest that the section 115(1) of the Employment and Industrial Relations Code (EIRC) was amended in 2021 and raises the general minimum age for employment from 14 to 15 years, thus linking it with the age of completion of compulsory education.

The Committee further notes that Kiribati initially specified a minimum age of 14 years upon ratification. In this regard, it takes the opportunity to draw the Government’s attention to the provisions of Article 2(2) of the Convention which provides that any Member having ratified this Convention may subsequently notify the Director-General of the ILO, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

Article 3(2). Determination of types of hazardous work. Regarding the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee notes the Government’s information according to which the Hazardous Work Regulations, elaborated pursuant to section 117 of the EIRC, are currently being finalized at the Office of the Attorney-General and will be endorsed before the end of the year. The Committee further notes that, during its April 2023 meeting, the Child Labour Taskforce identified that the adoption of the Hazardous Work Regulations was an immediate priority. The Committee requests the Government to ensure that the list of hazardous types of work prohibited for children under 18 years of age will be adopted and enforced without delay, and to provide a copy of the list, once adopted.

Article 7. Light work. Following its previous comments, the Committee notes the Government’s information that the Light Work Regulations, elaborated pursuant to section 116 of the EIRC (as amended in 2017), are currently being finalized at the Office of the Attorney-General and will be endorsed before the end of the year.

Regarding the removal of the requirement, in amended section 116 of the EIRC, that light work not prejudice the child’s participation in vocational training nor his or her ability to benefit from vocational training, the Government indicates that this is due to administrative directives relevant to prioritizing formal education in lieu of vocational training. Further consultations will be made to consider the re-inclusion of the requirements pertaining to vocational training in this provision of the EIRC. The Committee trusts that the list of light work will be adopted in the near future. It requests the Government to supply information on the progress made in this regard, as well as on the results of the consultations held to consider the re-inclusion of the requirements pertaining to vocational training in section 116 of the EIRC.

Article 9(1). Penalties and labour inspection. Regarding the Committee’s previous request that the Government provide information on the application in practice of the penalties provided for in sections 115(6) (minimum age for employment) and 117(4) (minimum age for hazardous work) of the EIRC, the Committee notes with regret the Government’s indication that there is nothing to report. In this regard, the Government highlights the need to strengthen the capacities of the law enforcement bodies. It further indicates that there are plans in place to conduct awareness-raising on the EIRC to police stations to ensure better enforcement and monitoring of the application of the provisions of this Convention.

The Committee further notes that, during the April 2023 meeting of the Child Labour Task Force, the MEHR confirmed it still lacks capacity to carry out labour inspections regularly to specifically monitor and eliminate child labour issues. The MEHR has no designated labour inspectors as such. There are only two or three labour officers within the MEHR for the entire country, who are attributed many other tasks and lack capacity to carry out regular labour inspections. Moreover, the MEHR stated that they have not been able to recruit more labour inspectors who would be able to work throughout the outer islands in Kiribati. The MEHR is talking more closely with other Ministries, including MWYSSA whose social welfare officers have wider reach in the outer islands, so that the issues relating to the Convention, including monitoring and enforcement, can be included in training sessions for social welfare officers. The MEHR also stated that it needs further support to develop labour inspection regulations and systems, including checklists and pamphlets. While taking note of the challenges encountered by the Government, the Committee requests the Government to indicate the measures taken or envisaged to strengthen the capacity of the labour inspectorate, with a view to effectively implement the penalties under sections 115(6) and 117(4) of the EIRC. It once again requests the Government to provide information on the application of these penalties in practice, indicating the number and nature of violations reported and penalties imposed. It also requests the Government to report on the impact of the awareness-raising conducted on the EIRC to police stations on the better enforcement and monitoring of the provisions giving effect to the Convention.

Application of the Convention in practice. The Committee notes the Government’s indication that a recent Child Labour Survey, conducted by the NSO, reveals that one in four children aged 15 to 17 in Kiribati experience child labour. The Government indicates that the NSO is willing to consider amending future National Census questionnaires to cater to the needed data on child labour and include all children up to 17 years of age. It further indicates that the KPS, through funding support from UNICEF and UN Women and the assistance of a technical consultant, are currently working to develop a database that will centralize data on offences and issues reported to the KPS, and that will provide another means to centralize and store data on child labour. Finally, the Committee notes that, during the April 2023 meeting of the Child Labour Taskforce, one of the priorities identified was the collection and collation of data on child labour. The Committee requests the Government to continue its efforts to develop a statistical database including information on the number of children below the minimum age of 15 engaged in child labour, and requests the Government to continue to provide information on the number of children engaged in child labour in the country, disaggregated by sector.

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

Article 2(1) and (3) of the Convention. Minimum age for admission to employment and age of completion of compulsory schooling. The Committee previously noted that the Education Act No. 12 of 2013 fixed the age of completion of compulsory education at 15 years or until the child completed junior secondary education, whichever was earlier (section 7). It also noted that the Employment and Industrial Relations Code, 2015 (EIRC), which was awaiting entry into force, maintained the minimum age for employment at 14 years (section 115). It consequently requested the Government to consider raising the general minimum age for employment in order to link it with the age of completion of compulsory schooling of 15 years.

The Government indicates that it takes note of this issue and that it will discuss it further with the Decent Work Advisory Board and related bodies in Kiribati, along with the ILO regional Office in Suva. It will provide updated information in its next report. The Committee notes that the EIRC entered into force on 1 November 2016. The Committee hopes that the Government will take the necessary measures to ensure that the minimum age for admission to employment or work is not less than the age of completion of compulsory schooling, in conformity with the Convention. It requests the Government to provide information on the progress made in this regard.

Article 3(2). Determination of types of hazardous work. Regarding the determination of hazardous types of work, the Committee refers to its detailed comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7. Light work. The Committee previously noted that section 116 of the EIRC permitted the employment of children from 12 years of age for light work which is unlikely to be harmful to the health and development of the child; which does not prejudice the child’s school or vocational training attendance; which does not prejudice the child’s ability to benefit from schooling or vocational training; and which complies with the prescribed requirements for light work. The Government indicated that the Ministry of Employment and Human Resource (MEHR) would determine the activities in which light work may be permitted and prescribe the conditions under which the activities may be carried out and the permissible times and hours of work, in accordance with section 116 of the EIRC. The Committee requested the Government to take the necessary measures to determine the types of light work permitted.

The Government indicates that a draft list of light work has been developed and is currently under review by the Attorney General’s Office before adoption by the Cabinet.

The Committee notes that, according to the Employment and Industrial Relations Code (Amendment) Act 2017, section 116 has been amended 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 trusts that the list of light work will be adopted in the near future and will include the number of hours during which and the conditions in which such work may be undertaken. It requests the Government to supply information on the progress made in this regard. The Committee also requests the Government to clarify the reason for the removal of the vocational training elements from section 116 of the EIRC.

Article 9(1). Penalties. The Committee previously noted that contraventions of section 115 of the EIRC on the minimum age for employment and section 117 of the EIRC on the minimum age for hazardous work were punishable by a fine or a term of imprisonment of 12 months, or both (sections 115(6) and 117(4)). It requested the Government to provide information on the application in practice of these sections, once the EIRC is in force.

The Government indicates that there is no record of prosecutions or child labour issues currently reported to the Government. It states that, regarding the enforcement of the EIRC, once the lists of light work and hazardous work will be adopted, labour inspectors will have a guidance tool in their inspections concerning child labour. It also states that the high turnover of officers contributes to the weak enforcement of national legislation. The Government specifies in this connection that regional training and workshops on child labour organized by the ILO could prove very fruitful. The Government further indicates that, according to the Ministry of Women, Youth, Sports and Social Affairs, a Child Protection Working Group is being developed, in order to oversee issues relating to child abuse in Kiribati, including exploitation. The group will work closely with the labour inspectors in terms of activities, outreach and information sharing on all forms of child abuse, including children under the minimum age involved in child labour. The Committee encourages the Government to pursue its efforts to combat child labour and to ensure that laws providing for penalties for violations of the minimum age for employment are implemented effectively. The Committee requests the Government to provide information on the application of the penalties provided for in sections 115(6) and 117(4) of the EIRC in practice, indicating the number and nature of violations reported and penalties imposed.

Article 9(3). Keeping of registers. The Committee previously noted that section 119 of the EIRC provided that, for each employee under the age of 18, an employer was required to keep a register containing the child’s name and date of birth.

The Government indicates that it requires employers to submit employment registers along with contracts of employment. It indicates that this obligation is still not being complied with by Kiribati employers. Many employers have not submitted their employment records.

The Committee notes that the Employment and Industrial Relations Code (Amendment) Act 2017 inserts in the EIRC Schedule 6 which sets out the offences that are fixed penalty offences and the penalties that can be issued in fixed penalty notices. Pursuant to Schedule 6, failure to keep a register of child employees under section 119 is punishable by a fine of US$200 for individuals and US$1,000 for companies. The Employment and Industrial Relations Code (Amendment) Act 2017 states that the new provisions on fixed penalty notices aim to sanction and deter employers from breaching the EIRC.

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

Article 1 of the Convention. National policy for the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that a statistical database on the employment of children and young persons, based on Employment Return Forms, was being set up, and that a child labour survey and report, carried out with the ILO-IPEC, were being finalized. The Committee requested the Government to pursue its efforts to both develop a national child labour policy and ensure that sufficient data on the situation of working children in Kiribati was made available.

The Government indicates in its report that it takes note of the Committee’s previous comments regarding the development of a child labour policy and that it will further discuss it with the Decent Work Advisory Board and related technical offices. The Government will provide updated information in its next report.

The Government also indicates that the statistical database on the employment of children and young persons, based on Employment Return Forms, has not been set up due to high turnover within the Ministry, particularly in the Work Relations Unit that deals specifically with the implementation and monitoring of the Employment and Industrial Relations Code, 2015 (EIRC).

The Government indicates that the rapid assessment conducted in Tarawa in 2012 with the ILO-IPEC through its TACKLE programme in Fiji confirms that there are children under the age of 14 working in the informal economy. It specifies that measures or procedures that could accurately describe the situation of children engaged in child labour in Kiribati are still being developed. The Committee notes that the rapid assessment, annexed to the Government’s report, states that there is a clear indication that some children of 12 years of age and below are involved in child labour.

The Committee also notes that according to the Kiribati Social Development Indicator Survey (KSDIS) carried out in 2018–19 by the Kiribati National Statistics Office in collaboration with the Ministry of Health and other government ministries, 28.3 per cent of children aged 5 to 14 years were engaged in child labour. Given the high percentage of children under 14 years of age engaged in child labour, the Committee requests the Government to take the necessary measures to develop and adopt a national policy to ensure the progressive elimination of child labour, including in the informal economy. Furthermore, it encourages the Government to pursue its efforts to develop a statistical database including information on the number of children below the minimum age engaged in child labour, and requests the Government to continue to provide information on the number of children engaged in child labour in the country.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 1 of the Convention. National policy for the effective abolition of child labour and application of the Convention in practice. The Committee noted that measures were taken to set up a statistical database on the employment of children and young persons, based on Employment Return Forms. Moreover, the Government indicated that Kiribati worked with the ILO–IPEC through its TACKLE programme in Fiji to undertake a child labour survey and report, and that the information gathered from this survey could be translated into a policy to ensure that children under the minimum age are not employed, thereby contributing to the elimination of child labour. The Committee also noted that despite the legislation establishing a minimum age of 14, many children under the age of 14 worked, primarily in the informal economy, either full time, or outside school hours.

The Committee notes the Government’s indication, in its report, that it has not yet developed a national child labour policy and that the child labour survey and report have not yet been finalized. The Government further indicates that a Technical Vocational Education Training programme, aimed at helping introduce young people to the labour market at both the international and domestic levels has had a significant contribution in tackling child labour. Furthermore, the Committee notes the technical assistance of the Office in the framework of the Decent Work Country Programme (DWCP). The Committee, once again, requests that the Government pursue its efforts to develop a national child labour policy, and to provide information on any measures taken in this regard. Noting the lack of information in this regard, the Committee requests that the Government pursue its efforts to ensure that sufficient data on the situation of working children in Kiribati is made available, including information on the number of children below the minimum age engaged in economic activity, and the nature, scope and trends of their work. Once again, please provide a copy of the child labour survey and report, once completed.

Article 2(1) and (3). Minimum age for admission to employment and age of completion of compulsory schooling. In its previous comments, the Committee noted the adoption of the Education Act No. 12 of 2013 according to which, compulsory education was raised from 14 years of age to 15 or until the child completed junior secondary education, whichever was earlier (section 7).

The Committee notes the Government’s indication that the Employment and Industrial Relations Code 2015 (EIRC) was passed and that its date of entry into force has not yet been specified. It notes that under section 115 of the EIRC the minimum age for employment remains at 14 years. The Committee recalls that according to Article 2(3) of the Convention, the minimum age for employment shall not be less than the age of completion of compulsory schooling and that if the minimum age for admission to work or employment is lower than the school leaving age, children may be encouraged to leave school before the age of 15, as they are legally authorized to work (see General Survey on the fundamental Conventions, 2012, paragraph 370). The Committee therefore requests the Government to consider raising the general minimum age in order to link it with the age of completion of compulsory schooling in conformity with the Convention. Please also indicate when the EIRC will enter into force.

Article 3(2). Determination of types of hazardous work. The Committee notes that section 117(1) of the EIRC prohibits the employment of a child in hazardous work. The EIRC defines a child as a person under the age of 18 years and hazardous work as work that, by its nature or the circumstances under which it is carried out, is likely to jeopardise a child’s health, safety or morals, and shall include any categories of work prescribed as such by the Minister of Labour. The Government also indicates that a draft list of hazardous work is currently under review by the Ministry of Labour and Human Resources Development (MLHRD) and its tripartite forum. The Committee requests that the Government continue to provide information on the progress made in this regard, and to provide a copy of the list, once it is adopted.

Article 7. Light work. The Committee previously noted that the legislation did not provide for an exception to the minimum age of 14 for light work. However, the Committee noted that the Government had sought technical assistance from the ILO to support tripartite constituents in the regulation of light work.

The Committee notes with interest that section 116 of the EIRC provides that a child aged 12 or 13 may be employed or engaged to perform light work that is unlikely to be harmful to the health and development of the child; will not prejudice the child’s school or vocational training attendance; will not prejudice the child’s ability to benefit from schooling or vocational training; and complies with the prescribed requirements for light work. This section also permits the Minister to prescribe the requirements for light work, including the permissible times and hours of work, the activities that may be carried out and the conditions under which these activities may be performed. In this regard, the Government indicates that as soon as the EIRC comes into force, the MLHRD and its tripartite constituents will commence the preparatory phase to determine the activities that may be carried out. Recalling that, pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken, the Committee requests that the Government take the necessary measures to determine the types of light work which are permitted and to provide information in this regard.

Article 9(1). Penalties. The Committee previously noted that pursuant to section 90 of the Employment Ordinance, any person who violates the provisions in Part IX relating to the employment of children and other young persons will be liable to a fine of $50.

The Committee notes the Government’s indication that there have been no published decisions on section 90 of the Employment Ordinance. It further notes that contravention of section 115 of the EIRC on the minimum age for employment or of section 117 of the EIRC on the minimum age for hazardous work carries a fine of $1000 or a term of imprisonment of 12 months, or both (sections 115(6) and 117(4)). The Committee requests that the Government provide information on the application in practice of sections 115(6) and 117(4) of the EIRC once it is in force.

Article 9(3). Keeping of registers. The Committee notes that section 119 of the EIRC provides that, for each employee under the age of 18, an employer must keep a register of the child’s name, date of birth, sex, occupation, employment status, hours of work, school or vocational training attendance, rate of pay, and employment commencement and termination dates.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. National policy for the effective abolition of child labour and application of the Convention in practice. The Committee noted that measures were taken to set up a statistical database on the employment of children and young persons, based on Employment Return Forms. Moreover, the Government indicated that Kiribati worked with the ILO–IPEC through its TACKLE programme in Fiji to undertake a child labour survey and report, and that the information gathered from this survey could be translated into a policy to ensure that children under the minimum age are not employed, thereby contributing to the elimination of child labour. The Committee also noted that despite the legislation establishing a minimum age of 14, many children under the age of 14 worked, primarily in the informal economy, either full time, or outside school hours.

The Committee notes the Government’s indication, in its report, that it has not yet developed a national child labour policy and that the child labour survey and report have not yet been finalized. The Government further indicates that a Technical Vocational Education Training programme, aimed at helping introduce young people to the labour market at both the international and domestic levels has had a significant contribution in tackling child labour. Furthermore, the Committee notes the technical assistance of the Office in the framework of the Decent Work Country Programme (DWCP). The Committee, once again, requests that the Government pursue its efforts to develop a national child labour policy, and to provide information on any measures taken in this regard. Noting the lack of information in this regard, the Committee requests that the Government pursue its efforts to ensure that sufficient data on the situation of working children in Kiribati is made available, including information on the number of children below the minimum age engaged in economic activity, and the nature, scope and trends of their work. Once again, please provide a copy of the child labour survey and report, once completed.

Article 2(1) and (3). Minimum age for admission to employment and age of completion of compulsory schooling. In its previous comments, the Committee noted the adoption of the Education Act No. 12 of 2013 according to which, compulsory education was raised from 14 years of age to 15 or until the child completed junior secondary education, whichever was earlier (section 7).

The Committee notes the Government’s indication that the Employment and Industrial Relations Code 2015 (EIRC) was passed and that its date of entry into force has not yet been specified. It notes that under section 115 of the EIRC the minimum age for employment remains at 14 years. The Committee recalls that according to Article 2(3) of the Convention, the minimum age for employment shall not be less than the age of completion of compulsory schooling and that if the minimum age for admission to work or employment is lower than the school leaving age, children may be encouraged to leave school before the age of 15, as they are legally authorized to work (see General Survey on the fundamental Conventions, 2012, paragraph 370). The Committee therefore requests the Government to consider raising the general minimum age in order to link it with the age of completion of compulsory schooling in conformity with the Convention. Please also indicate when the EIRC will enter into force.

Article 3(2). Determination of types of hazardous work. The Committee notes that section 117(1) of the EIRC prohibits the employment of a child in hazardous work. The EIRC defines a child as a person under the age of 18 years and hazardous work as work that, by its nature or the circumstances under which it is carried out, is likely to jeopardise a child’s health, safety or morals, and shall include any categories of work prescribed as such by the Minister of Labour. The Government also indicates that a draft list of hazardous work is currently under review by the Ministry of Labour and Human Resources Development (MLHRD) and its tripartite forum. The Committee requests that the Government continue to provide information on the progress made in this regard, and to provide a copy of the list, once it is adopted.

Article 7. Light work. The Committee previously noted that the legislation did not provide for an exception to the minimum age of 14 for light work. However, the Committee noted that the Government had sought technical assistance from the ILO to support tripartite constituents in the regulation of light work.

The Committee notes with interest that section 116 of the EIRC provides that a child aged 12 or 13 may be employed or engaged to perform light work that is unlikely to be harmful to the health and development of the child; will not prejudice the child’s school or vocational training attendance; will not prejudice the child’s ability to benefit from schooling or vocational training; and complies with the prescribed requirements for light work. This section also permits the Minister to prescribe the requirements for light work, including the permissible times and hours of work, the activities that may be carried out and the conditions under which these activities may be performed. In this regard, the Government indicates that as soon as the EIRC comes into force, the MLHRD and its tripartite constituents will commence the preparatory phase to determine the activities that may be carried out. Recalling that, pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken, the Committee requests that the Government take the necessary measures to determine the types of light work which are permitted and to provide information in this regard.

Article 9(1). Penalties. The Committee previously noted that pursuant to section 90 of the Employment Ordinance, any person who violates the provisions in Part IX relating to the employment of children and other young persons will be liable to a fine of $50.

The Committee notes the Government’s indication that there have been no published decisions on section 90 of the Employment Ordinance. It further notes that contravention of section 115 of the EIRC on the minimum age for employment or of section 117 of the EIRC on the minimum age for hazardous work carries a fine of $1000 or a term of imprisonment of 12 months, or both (sections 115(6) and 117(4)). The Committee requests that the Government provide information on the application in practice of sections 115(6) and 117(4) of the EIRC once it is in force.

Article 9(3). Keeping of registers. The Committee notes that section 119 of the EIRC provides that, for each employee under the age of 18, an employer must keep a register of the child’s name, date of birth, sex, occupation, employment status, hours of work, school or vocational training attendance, rate of pay, and employment commencement and termination dates.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the adoption of the Education Act No. 12 of 2013 according to which, compulsory education starts from the age of 6 years and 7 months until the child reaches the age of 15 or until he/she completes junior secondary education, whichever is earlier (section 7).

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Article 3(2) of the Convention. Determination of types of hazardous work. The Committee notes that section 87(2) of the Employment Ordinance, as amended in 2008, states that the Minister, in consultation with any relevant organizations of employers and workers and the Government’s advisory committee on children, shall specify by notice occupations or activities which, in the opinion of the Minister, are likely to have the effect mentioned in section 87(1). In this regard, the Committee notes the Government’s statement that in 2009, tripartite constituents participated in an ILO facilitated workshop on Conventions Nos 138 and 182, during which the preparation of a list of hazardous types of works commenced. Another workshop was held in August 2011, and a draft list was approved. This list awaits approval by the DWASC. The Government indicates that it hopes that this approval will be received in the near future, after which a Ministerial Order will be issued. Recalling that, pursuant to Article 3(2) of the Convention, the types of hazardous employment or work prohibited to persons under 18 shall be determined by national laws or regulations or by the competent authority, the Committee requests the Government to take the necessary measures to ensure that a list of types of hazardous work is approved by the DWASC, and that subsequently, a Ministerial Order is issued, pursuant to section 87(2) of the Employment Ordinance. It requests the Government to continue to provide information on progress made in this regard, and to provide a copy of the list, once adopted.

Article 7. Light work. The Committee notes the Government’s statement that Kiribati does not currently provide for an exception to the minimum age of 14 for light work. However, the Committee notes the Government’s statement that it has sought technical assistance from the ILO to support tripartite constituents in the regulation of light work. In this regard, the Committee notes that a draft Employment and Industrial Relations Code of Kiribati was developed. Section 130 of this draft Code provides that a child aged 12 or 13 must not be employed or work in any capacity, except in light work that is unlikely to be harmful to the health and development of the child; will not affect the child’s school or vocational training attendance; will not affect the child’s ability to benefit from schooling or vocational training; and complies with the prescribed requirements for light work. This draft Code also permits the Minister to prescribe, by Order, the requirements for light work, including the permissible times and hours of work, the activities that may be carried out and the conditions under which these activities may be performed. The Committee encourages the Government to pursue its efforts to regulate light work through the adoption of the draft Employment and Industrial Relations Code of Kiribati, and requests the Government to continue to provide information on measures taken in this regard. Recalling that, pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken, the Committee requests the Government to take the necessary measures to determine the types of light work which are permitted, following the adoption of the Code.

Article 9(1). Penalties. The Committee notes that pursuant to section 90 of the Employment Ordinance, any person who violates the provisions in Part IX relating to the employment of children and other young persons will be liable to a fine of $50. The Committee requests the Government to provide information on the application in practice of section 90 of the Employment Ordinance in its next report, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes the Employment Return Form, submitted with the Government’s report, which requires employers to record the age of their workers. This form must be submitted to the Commissioner of Labour. The Committee also notes that section 134 of the draft Employment and Industrial Relations Code of Kiribati provides that, for each employee under the age of 18, an employer must keep a register of the child’s name, date of birth, sex, occupation, employment status, hours of work, school or vocational training attendance, rate of pay, employment commencement and termination dates. Section 134 of this draft Code further provides that an employer must produce this register for inspection when required by the secretary, labour inspector or a labour officer. The Committee requests the Government to provide a copy of the Employment and Industrial Relations Code of Kiribati, once adopted.

Article 1 of the Convention. National policy for the effective abolition of child labour and application of the Convention in practice. The Committee notes the Government’s statement that child labour is not thought to be a significant concern in Kiribati, but that there is very little data available to substantiate this position. However, measures have been taken to set up a statistical database on the employment of children and young persons, based on Employment Return Forms. Moreover, the Government indicates that Kiribati has worked with the ILO–IPEC through its TACKLE programme in Fiji to undertake a child labour survey and report, and that a draft report has been presented to the Kiribati Government. The Government indicates that the information gathered from this survey could be translated into a policy to ensure that children under the minimum age are not employed, thereby contributing to the elimination of child labour.

The Committee also notes that the Committee on the Rights of the Child, in its most recent examination of Kiribati, expressed concern that despite the legislation establishing a minimum age of 14, many children under the age of 14 work, primarily in the informal economy, either full time, or outside school hours (29 September 2006, CRC/C/KIR/CO/1, paragraph 58). The Committee therefore requests the Government to pursue its efforts to develop a national child labour policy, and to provide information on any measures taken in this regard. It also strongly encourages the Government to pursue its efforts to ensure that sufficient data on the situation of working children in Kiribati is made available, including information on the number of children below the minimum age engaged in economic activity, and the nature, scope and trends of their work. In this regard, it requests the Government to provide a copy of the child labour survey and report, once completed.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 14 years as the minimum age for admission to employment or work. The Government indicates that this age was determined during consultations with the employers’ and workers’ organizations represented in the Decent Work Agenda Steering Committee (DWASC). The Committee notes that pursuant to section 84 of the Employment Ordinance 1977, a child under the age of 14 shall not be employed, in line with the age specified upon ratification.

Article 2(3). Age of completion of compulsory education. The Committee notes the Government’s statement that, pursuant to section 29 of the Education Ordinance, the Minister may, by Order, provide the minimum age for leaving compulsory education. In this regard, the Committee notes the Government’s statement in its report to the Committee on the Rights of the Child of 7 December 2005 that education is compulsory between the ages of 6 and 14 years (CRC/C/KIR/1, paragraph 149). The Committee requests the Government to provide a copy of the Order, issued pursuant to section 29 of the Education Ordinance, specifying the age of completion of compulsory education, with its next report.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that section 87(1) of the Employment Ordinance, as amended in 2008, prohibits children between the ages of 14 and 18 years from performing work, or from being employed in any occupation or activity, which by its nature or the circumstance in which it is carried out, is likely to jeopardize the health, safety, education, morals or development of such a person, in conformity with Article 3(1) of the Convention.

Article 3(2). Determination of types of hazardous work. The Committee notes that section 87(2) of the Employment Ordinance, as amended in 2008, states that the Minister, in consultation with any relevant organizations of employers and workers and the Government’s advisory committee on children, shall specify by notice occupations or activities which, in the opinion of the Minister, are likely to have the effect mentioned in section 87(1). In this regard, the Committee notes the Government’s statement that in 2009, tripartite constituents participated in an ILO facilitated workshop on Conventions Nos 138 and 182, during which the preparation of a list of hazardous types of works commenced. Another workshop was held in August 2011, and a draft list was approved. This list awaits approval by the DWASC. The Government indicates that it hopes that this approval will be received in the near future, after which a Ministerial Order will be issued. Recalling that, pursuant to Article 3(2) of the Convention, the types of hazardous employment or work prohibited to persons under 18 shall be determined by national laws or regulations or by the competent authority, the Committee requests the Government to take the necessary measures to ensure that a list of types of hazardous work is approved by the DWASC, and that subsequently, a Ministerial Order is issued, pursuant to section 87(2) of the Employment Ordinance. It requests the Government to continue to provide information on progress made in this regard, and to provide a copy of the list, once adopted.

Article 6. Apprenticeship. The Committee notes that according to section 94 of the Employment Ordinance, the general minimum age for apprenticeships is 16 years. It notes that pursuant to section 92, parents or guardians of children above the age of 14 years and under the age of 16 years may, with the consent of the child, apprentice him to an employer to train him or have him trained systematically for a trade or employment in which art or skill is required.

Article 7. Light work. The Committee notes the Government’s statement that Kiribati does not currently provide for an exception to the minimum age of 14 for light work. However, the Committee notes the Government’s statement that it has sought technical assistance from the ILO to support tripartite constituents in the regulation of light work. In this regard, the Committee notes that a draft Employment and Industrial Relations Code of Kiribati was developed. Section 130 of this draft Code provides that a child aged 12 or 13 must not be employed or work in any capacity, except in light work that is unlikely to be harmful to the health and development of the child; will not affect the child’s school or vocational training attendance; will not affect the child’s ability to benefit from schooling or vocational training; and complies with the prescribed requirements for light work. This draft Code also permits the Minister to prescribe, by Order, the requirements for light work, including the permissible times and hours of work, the activities that may be carried out and the conditions under which these activities may be performed. The Committee encourages the Government to pursue its efforts to regulate light work through the adoption of the draft Employment and Industrial Relations Code of Kiribati, and requests the Government to continue to provide information on measures taken in this regard. Recalling that, pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken, the Committee requests the Government to take the necessary measures to determine the types of light work which are permitted, following the adoption of the Code.

Article 8. Artistic performances. The Committee notes the Government’s statement that no procedures have been established for the granting of permits that allow exceptions to the prohibition on employment for participation in artistic performances, and that no permits have been previously granted in Kiribati.

Article 9(1). Penalties. The Committee notes that pursuant to section 90 of the Employment Ordinance, any person who violates the provisions in Part IX relating to the employment of children and other young persons will be liable to a fine of $50. The Committee requests the Government to provide information on the application in practice of section 90 of the Employment Ordinance in its next report, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes the Employment Return Form, submitted with the Government’s report, which requires employers to record the age of their workers. This form must be submitted to the Commissioner of Labour. The Committee also notes that section 134 of the draft Employment and Industrial Relations Code of Kiribati provides that, for each employee under the age of 18, an employer must keep a register of the child’s name, date of birth, sex, occupation, employment status, hours of work, school or vocational training attendance, rate of pay, employment commencement and termination dates. Section 134 of this draft Code further provides that an employer must produce this register for inspection when required by the secretary, labour inspector or a labour officer. The Committee requests the Government to provide a copy of the Employment and Industrial Relations Code of Kiribati, once adopted.

Article 1 of the Convention and Part V of the report form. National policy for the effective abolition of child labour and application of the Convention in practice. The Committee notes the Government’s statement that child labour is not thought to be a significant concern in Kiribati, but that there is very little data available to substantiate this position. However, measures have been taken to set up a statistical database on the employment of children and young persons, based on Employment Return Forms. Moreover, the Government indicates that Kiribati has worked with the ILO–IPEC through its TACKLE programme in Fiji to undertake a child labour survey and report, and that a draft report has been presented to the Kiribati Government. The Government indicates that the information gathered from this survey could be translated into a policy to ensure that children under the minimum age are not employed, thereby contributing to the elimination of child labour.

The Committee also notes that the Committee on the Rights of the Child, in its most recent examination of Kiribati, expressed concern that despite the legislation establishing a minimum age of 14, many children under the age of 14 work, primarily in the informal economy, either full time, or outside school hours (29 September 2006, CRC/C/KIR/CO/1, paragraph 58). The Committee therefore requests the Government to pursue its efforts to develop a national child labour policy, and to provide information on any measures taken in this regard. It also strongly encourages the Government to pursue its efforts to ensure that sufficient data on the situation of working children in Kiribati is made available, including information on the number of children below the minimum age engaged in economic activity, and the nature, scope and trends of their work. In this regard, it requests the Government to provide a copy of the child labour survey and report, once completed.