Texts of pending comments

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee previously noted the adoption of the 2012 Immigration Act (Act No. 3), which contains specific provisions on trafficking in persons (section 76 provides for the offence of trafficking in persons and section 78 provides for the offence of exploiting a trafficked person), as well as the establishment of the Transnational Crime Unit to combat trafficking. It requested the Government to provide information on the application of the Act as regards trafficking in persons and on the legal proceedings instituted against the perpetrators of such practice. The Committee notes the Government’s indication in its report that, between 2018 and 2019, the Transnational Crime Unit identified six victims of trafficking in persons for the purpose of sexual exploitation. However, in various cases, the alleged traffickers were acquitted by the court, or investigators were reportedly unable to gather enough evidence to initiate a prosecution. The Committee also notes that, according to a press release published by the International Organization for Migration (IOM) in August 2019, the Government revealed intention to develop a National Action Plan to Combat Trafficking in Persons and Smuggling. The Committee encourages the Government to intensify its efforts to strengthen the capacities and resources of the law enforcement bodies, such as the Transnational Crime Unit, with a view to ensuring better identification of situations of trafficking in persons, both for labour and sexual exploitation, and proper investigations that could lead to judicial proceedings. The Committee requests the Government to provide information in this respect, including data on the number of investigations, prosecutions and the number of cases that have resulted in acquittals or convictions. The Committee also requests the Government to indicate whether a national action plan to combat trafficking in persons has been adopted and to communicate more detailed information on the measures taken to prevent trafficking in persons, including through awareness-raising campaigns, and to provide protection and assistance to victims.

Article 2(2)(a). Exceptions to forced labour. Military service. In its previous comments, the Committee noted that article 6(3)(c) of Chapter II of the Constitution excludes from the definition of forced labour any labour required of a member of a disciplined force in pursuance of their duties. The same provision also excludes from the definition of forced labour any labour that conscientious objectors are required by law to perform in the place of military service. The Committee requests the Government to indicate whether citizens are under the obligation to undertake military service and, if so, to provide information on the relevant regulation. The Committee also requests the Government to indicate whether there are cases of conscientious objectors to military service who have been required to perform an alternative service, providing information on the modalities of such service and on the type of work undertaken.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that article 6(3)(b) of Chapter II of the Constitution also excludes from the definition of forced labour any labour exacted by lawfully detained persons that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which they are detained. The Committee notes that section 60(1) of the 2007 Correctional Service Act provides that all convicted prisoners may be required to undertake work, within or outside a correctional centre, as prescribed by regulations or in accordance with Commissioners’ orders, provided that consideration is given to the need to provide meaningful rehabilitation of prisoners, with an emphasis on vocational training. The working time of prisoners is limited to eight hours per day and six days per week. According to the Act, further regulations may prescribe prisoners’ entitlements to payment for work and regulate the establishment of correctional centre enterprises. The Committee requests the Government to provide information on the application, in practice, of section 60 of the 2007 Correctional Service Act, indicating whether prisoners may undertake work for private entities, either within correctional service enterprises or outside the prison premises. The Committee also requests the Government to indicate whether any regulation for the operations of correctional centre enterprises has been adopted and if so to provide information in this regard.

Article 25. Penalties for the exaction of forced labour. The Committee previously noted that the 2012 Immigration Act (sections 76 to 78) establishes sanctions for perpetrators of trafficking in persons with imprisonment of up to five years, or a fine, or both depending on the seriousness of the offence. The Committee notes the adoption of the Penal Code (Amendment) (Sexual Offences) Act No. 3 of 2016 which updates a number of sexual offences and introduces new offences such as internal people trafficking. According to section 141(3) of the amended Penal Code, any person who procures or attempts to procure any person to provide commercial sexual services by threatening or intimidating the victim, making false representations or administering or providing an intoxicating drug to the victim shall be sanctioned with up to five years’ imprisonment. Section 145 prescribes a penalty of up to 20 years for engaging in internal people trafficking by one or more of the following means: threats, use of force or other coercion, abduction, fraud, deception, abuse of power or of a position of trust, and giving or receiving payments or benefits to obtain the consent of a person who has control over another person. According to the Penal Code, internal people trafficking covers the acts of recruiting, transporting, harbouring or receiving another person within Solomon Islands for the purpose of exploitation. Exploitation includes all forms of sexual exploitation (including sexual servitude), forced labour or services, slavery or practices similar to slavery and servitude.

The Committee recalls that according to Article 25 of the Convention, penalties imposed by the law for the illegal exaction of forced or compulsory labour must be adequate and strictly enforced. Furthermore, in its 2007 General Survey, the Committee stresses that penalties, such as fines and/or short-term imprisonment for the exaction of forced labour cannot be considered effective, given the seriousness of the offence and the dissuasive effect that penalties should have (2007 General Survey on the eradication of forced labour, paragraph 137). In this regard, the Committee requests the Government to provide statistical data on the application of sections 76 and 78 of the 2012 Immigration Act, as regards sanctions imposed on the perpetrators of trafficking in persons, for both sexual and labour exploitation, as well as on the application of the new provisions of the Penal Code criminalizing forced prostitution and internal people trafficking (sections 141(3) and 145). The Committee also requests the Government to provide information on any other legal provision providing for penal sanctions for the exaction of practices of forced labour that do not amount to or constitute trafficking in persons.

Article 2, in conjunction with the Schedule appended to the Convention. (a) List of occupational diseases. For many years, the Committee has been requesting the Government to include the “loading and unloading or transport of merchandise” among the occupations likely to cause anthrax infection in the list of occupational diseases set out by the Second Schedule of the Workmen’s Compensation Act (Act No. 5 of 1952). The Committee notes the reply provided by the Government in its report that it takes note of the issue and that the list of occupational diseases will be expanded to cover “loading and unloading or transport of merchandise” as the occupation that is likely to cause anthrax infection. The Committee firmly hopes that the Government will take the necessary measures, without further delay, to bring the Second Schedule of the Workmen’s Compensation Act into full conformity with Article 2 of the Convention and requests the Government to provide information on the measures taken to such effect.

(b) Recognition of occupational diseases. In the comments it has been addressing to the Government since 2011, the Committee noted that according to section 11(6)(a) of the Workmen’s Compensation Act, the diseases resulting from working in the corresponding occupations in the Second Schedule shall only be presumed to be of occupational origin if the person was employed in this occupation within a period of 12 months immediately preceding the incapacity or death. The Committee observed that the imposition of the time limit of 12 months is contrary to the Convention and requested the Government to abolish it. In its reply, the Government indicates that it takes note of the issue and that it will make submission to review it. The Committee firmly hopes that the Government will bring, without further delay, section 11(6)(a) of the Workmen’s Compensation Act into full conformity with Article 2 of the Convention by abolishing the time limit of 12 months for the presumption of occupational origin to apply and by ensuring, through appropriate means, that diseases and poisonings produced by the substances set forth in the Schedule to the Convention, when they affect workers engaged in the trades, industries or processes placed opposite in the said Schedule, are considered as occupational diseases. The Committee further requests the Government to provide information on the measures taken to such effect.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Convention No 42 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee observed that according to section 60 of the Correctional Service Act of 2007, all convicted prisoners may be required to work. Noting that section 63 of the Penal Code lays down a penalty of imprisonment for persons who maliciously fabricate or knowingly spread abroad any false news or false report tending to create or foster public alarm, public anxiety or disaffection or to produce public detriment, the Committee requested the Government to provide information on the application in practice of this provision. The Committee notes that the Government indicates in its report that no case under section 63 of the Penal Code has been pursued in courts. It also notes that, in reply to the Committee’s request for information on laws governing the press and the media, the Government refers to the 2009 Telecommunications Act. The Committee notes that section 120(g) of this Act states that the use of telecommunications facilities for the purpose of harassing another person constitutes a criminal offence that could be subject to a sanction of imprisonment which, according to the Correctional Service Act, involves compulsory labour. The Committee recalls that Article 1(a) of the Convention protects persons who express political views or views ideologically opposed to the established political, social or economic system by prohibiting their punishment through penalties involving compulsory labour. The Committee requests the Government to continue to provide information on the application in practice of section 63 of the Penal Code, in particular information concerning judicial decisions handed down or criminal prosecutions initiated on the basis of such provision, indicating the facts that gave rise to the prosecutions. The Committee also requests the Government to provide information on the practical application of section 120(g) of the 2009 Telecommunications Act, including information on judicial decisions imposing a prison sentence.

Article 1(c). Sanctions involving compulsory labour for breaches of labour discipline. 1. Civil servants. In its previous comments, the Committee requested the Government to provide information on legislation governing the conditions of employment of public servants. The Committee notes the different laws regulating the work of public servants indicated in the Government’s report. It also notes that the Government indicates that in addition to labour and public service legislation, civil servants are subject to codes of conduct and General Orders that provide for their conditions of work and disciplinary measures. The Committee requests the Government to indicate whether any of the codes of conduct or General Orders providing for disciplinary measures for civil servants refer to penal sanctions. If so, the Committee requests the Government to provide copies of such instruments.

2. Seafarers. In its previous comments, the Committee drew attention to the provisions of the 1998 Shipping Act which lay down sanctions of imprisonment (involving compulsory labour) for seafarers who fail to obey lawful commands (section 131(e)) or individually or with other seafarers wilfully and persistently neglect their duty or disobeys any lawful command (section 132(a) and (b)). The Committee notes the Government’s indication that there have been no reported cases regarding any breach of those provisions of the Shipping Act. While noting this information, the Committee recalls that the imposition of sanctions of imprisonment (involving an obligation to perform labour) on seafarers for breaches of labour discipline that do not tend to endanger the ship or the life or health of persons is incompatible with the Convention (2012 General Survey on the fundamental Conventions, paragraph 312). In this regard, the Committee requests the Government to indicate the measures taken to review sections 131(e) and 132(a) and (b) of the Shipping Act with a view to ensuring that no seafarer may receive a sanction involving compulsory labour for acts that do not endanger the ship or the life or health of persons, in line with the Convention and indicated practice. The Committee also requests the Government to provide information on any progress made in this regard and, in the meantime, to continue to provide information on the practical application of the above-mentioned sections of the Shipping Act, including court decisions.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. The Committee notes that, according to section 2(1) of the 1963 Essential Service Act, every person who, alone or in combination with others, causes a lock-out in an essential service shall be liable to a fine or imprisonment (involving compulsory labour). The Committee recalls, in this regard, that in accordance with Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be liable to penal sanctions involving compulsory labour. Referring also to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee requests the Government to provide information on the measures taken to ensure that, in conformity with Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be punished with a sentence of imprisonment during which they may be required to perform compulsory labour.

Article 1 of the Convention. National policy for the elimination of child labour and application in practice. The Committee previously noted that a national action plan to eliminate child labour was proposed by stakeholders at the National Child Labour Forum conducted by the ILO’s Pacific Sub-regional Child labour and Trafficking Programme in the country in 2014, and requested the Government to provide information on any progress made in this regard. The Committee also noted that the Department of Labour was moving towards establishing a Labour Advisory Board with the objective of revising the labour legislation. The Committee notes the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) that, due to under-staffing in the Labour division, little progress has been made towards the adoption of the national plan to address child labour. The Committee also notes that the Government indicates in its report that the proposed plan needs to be revised in light of new emerging issues taking into consideration the views of other stakeholders. The Committee further notes the Government’s indication that the Labour Advisory Board has been established and that it is undertaking the review of the labour legislation, for which the Government is planning to request ILO technical assistance. The Committee notes that according to UNICEF Statistics, as of 2015, the percentage of children aged 5 to 17 years old engaged in child labour was 17.9 per cent. While noting the absence of a national policy aimed at ensuring the elimination of child labour, the Committee once again requests the Government to take the necessary measures, without delay, to adopt, a national action plan to combat and progressively eliminate child labour, taking into consideration the views of the different stakeholders involved in its development.

Article 2(1) and (5). 1. Minimum age for admission to employment or work. The Committee previously noted that section 47 of the Labour Act (Cap 73, 1996 edition), 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; or on any ship. In this regard, the Committee requested the Government to indicate whether the Minister has made any approval of employment or work by children under the age of 14 (minimum age for admission to employment in the country). The Committee notes the Government’s indication that the Minister or commissioner has not made any such approval for a formal employment since all formal employment entry requirement is that the employed person is 18 years of age and above. The Committee requests the Government to provide information on the measures taken to ensure that no person under the specified minimum age (14) may be admitted to employment or work in any occupation whatsoever. While noting that a review of the labour legislation is in progress, the Committee requests the Government to indicate whether, in the process of such review, consideration has been made to raise the minimum age for admission to employment or work; or to indicate whether its reasons for keeping the minimum age of 14 subsist.

2. Scope of application and labour inspectorate. Children working in the informal economy. The Committee previously noted the Government’s indication that its labour inspection system is in charge of monitoring issues pertaining to the Convention and requested the Government to provide information on the number of inspections carried as well as on the number of violations detected with regard to the employment of children and young persons, including penalties imposed. The Committee also noted from the ILO project documentation report of April 2015 that stakeholders lacked the capacity to implement the convention. The Committee notes that, according to the ILO Rapid Assessment of Children in Child Labour in Honiara, Solomon Islands published in 2016, 118 out of 172 working children interviewed for the assessment were working mainly in the urban informal sector, some of them in work considered as hazardous. Over one quarter of the children interviewed who were working in the informal sector were below the age of 14 years. In addition, the Committee notes, that, according to the 2017 UNICEF Report Situation Analysis of Children in Solomon Islands, children in the Solomon Islands are involved in a range of different forms of work, including working on buses and selling food at markets. The Report further indicates that the primary areas where the exploitation of children is visible are agriculture, fishing, forestry, mining, construction, domestic work, scavenging, and street crime (pages 96 and 97). The Committee requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to effectively detect cases of child labour, particularly in sectors where the prevalence of child labour is high. In this regard, the Committee requests the Government to provide information on the number of inspections carried out, the number and nature of violations detected and penalties applied. The Committee also requests the Government to take the necessary measures to ensure that all children under 14 years of age, particularly children working on their own account or in the informal economy, benefit from the protection laid down by the Convention, and to provide information in this respect.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the 1978 Education Act establishes that the minimum age for entry into school (6 years) but does not specify the age of completion of compulsory education. The Committee thus urged the Government to take the necessary measures to ensure compulsory education up to the minimum age for admission to employment (14 years). The Committee notes that the Government indicates that a draft Education Bill has been prepared with the aim of ensuring compulsory education for children between 6 and 14 years of age. The Committee encourages the Government to continue to take the necessary measures to ensure that a new Education Bill providing for compulsory education of children up to the minimum age for admission to employment or work is adopted. The Committee requests the Government to provide a copy of the Bill once adopted.

Article 3(3). Admission to hazardous work from the age of 16. The Committee previously noted that section 49 of the Labour Act prohibits employing children under 18 years of age to work during the night; underground in mines, and on ships as trimmers or stoker, with the exception of male children who have attained the age of sixteen and are medically fit to carry out such types of work. While recalling that Article 3(3) of the Convention requires that one of the requirements to authorize that children over 16 years of age undertake hazardous work is to provide them specific instruction or training in the relevant branch of activity, the Committee requested the Government to take the necessary measures to ensure compliance with this requirement. The Committee notes that, in response to this request, the Government indicates that the National Trade Training and Testing Unit of the Labour Division is the entity responsible to ensure that all persons who intend to undertake hazardous work receive the necessary training. The Committee requests the Government to provide information on the number of children who have received training as a condition to carry out hazardous work, indicating their ages and the respective branch of activity.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. In its previous comments, the Committee noted that section 46 of the Labour Act permits children, under the age of 12, to be employed by and in company with their parents or guardian in light work of an agricultural, domestic or other character provided that it has been approved by the Commissioner of Labour. Recalling the conditions for light work of children in the Convention, the Committee requested the Government to take the necessary measures to bring its national legislation in conformity with the Convention and to indicate the measures taken or envisaged to determine light work activities and the conditions upon which children of 12 years and above can undertake such activities. The Committee notes that the Government replies to its request indicating that this subject will be considered during the process of review of the labour legislation. The Committee expresses the firm hope that the revised labour legislation will establish 12 years of age as the minimum age for children allowed to undertake light work, subject to the conditions indicated in Article 7(1) of the Convention, 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 approved by the competent authority or their capacity to benefit from the instruction received. The Committee also requests the Government to provide information on the measures taken to determine light work activities permitted to children from 12 to 14 years of age, as well as the number of hours during which and the conditions in which such employment or work may be undertaken

Article 8. Artistic performances. The Committee previously noted that the national legislation does not regulate the work of children in relation to artistic performances and requested the Government to indicate whether, in practice, children under 14 years of age participate in artistic performances and, if so, to regulate this participation in conformity with Article 8 of the Convention. The Committee notes that the Government has not provided information in this regard. The Committee once again requests the Government to indicate whether, in practice, children under 14 years of age participate in artistic performances and, if so, to provide information on the measures taken, in consultation with the organisations of employers and workers concerned, to regulate the participation of children under 14 years of age in artistic performances, including information on the establishment of a system of permits that indicate the number of hours and conditions for this type or activity.

Article 9(1). Penalties. The Committee previously noted that section 52 of the Labour Act lays down a financial penalty of SBD5,000 (approximately US$636) for persons who contravene the provisions concerning the employment of children and young persons and requested the Government to provide information on the application of this penalty in practice. The Committee notes that the Government has not indicated any case where a penalty for violation of the provisions of the Labour Act regarding employment of children and young persons has been imposed. The Committee requests the Government to provide information on the practical application of section 52 of the Labour Act, including the type of violations of the provisions on the employment of children and young persons, and the number of penalties imposed.

Noting that the Labour Advisory Board has been established and that it is undertaking the review of the labour legislation, the Committee hopes that its comments on discrepancies between national legislation and the Convention will be taken into account during this review. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. The Committee previously noted that section 77 of the Immigration Act No. 3 of 2012 criminalizes trafficking of persons under 18 years of age (including for the purpose of sexual exploitation, forced labour or slavery), establishing as penalty for this offence a fine or imprisonment. The Committee notes that the Government indicates in its report that the Solomon Islands Immigration Division has reported three cases of trafficking of children in the period January–March 2020, which have ended in acquittals. The Committee also notes the adoption of the Penal Code (Amendment) (Sexual offences) Act (2016), which, under section 145, establishes a sanction of 25 years of imprisonment for persons engaging in internal trafficking of persons when the victim is a child. However, the Committee notes that the Government, in its report under the Minimum Age Convention, 1973 (No. 138), indicates that there is evidence of sale and trafficking of children, particularly of girls, by their parents to foreign workers. The Committee also notes that the United Nations Committee on the Rights of Child, in its 2018 concluding observations expresses its serious concern about the sale of children to foreign workers in the natural resource sector for the purpose of sex (CRC/C/SL/B/CO/2-3, 28 February 2018, paragraph 48). The Committee further notes that the Community Health and Mobility in the Pacific, Solomon Islands Case Study published in 2019 by the International Organization for Migration (IOM) highlights the high number of reported cases of sexual exploitation and trafficking involving children in communities near logging camps (page 46). The Committee requests the Government to take the necessary measures to ensure that thorough investigations and prosecutions against persons who engage in the sale or trafficking of children are carried out, and that sufficiently dissuasive penalties are imposed in practice. The Committee also requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and penalties imposed on the offenders on the basis of section 77 of the Immigration Act No. 3 of 2012 and section 145 of the Penal Code (Amendment) (Sexual Offences) Act of 2016, including information on the number of acquittals.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that section 144 of the Penal Code, as amended up to 1990, did not criminalize procuring of male children for prostitution. It also noted that the definition of the crime of disposing of minors for immoral purposes (including prostitution), contained in section 149 of that Code, did not protect children between the age of 15 and 18. The Committee, accordingly, requested the Government to take the necessary measures to prohibit using, procuring or offering of both boys and girls under the age of 18 for the purpose of prostitution. The Committee notes with satisfaction that, through the adoption of the Penal Code (Amendment) (Sexual offences) Act (2016), the Penal Code was amended to protect all children under the age of 18 from prostitution, in line with the Committee’s previous comments. Section 141(2) of the Amendment stipulates that the person who procures or attempts to procure another person to provide commercial sexual services, either in Solomon Islands or elsewhere, is punishable by a penalty of up to 20 years of imprisonment if the victim is under 15 years of age, and up to 15 years of imprisonment in other cases. According to section 143, the person who obtains commercial sexual services from a child, or induces, invites, persuades, arranges or facilitates its provision is liable to up to 20 years of imprisonment if the child is under 15 years of age, or to up to 15 years of imprisonment in other cases. The same sanction applies to the parent or guardian who permits the child to be used for the provision of commercial sexual services as well as for the person who benefits from such service. The Committee requests the Government to provide information on the application, in practice, of sections 141(2) and 143 of the Penal Code (Amendment) (Sexual Offences) Act 2016, including the number of investigations, prosecutions, nature of the offences, convictions and types of sanctions imposed on the offenders.

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

Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for pornography or pornographic performances. The Committee previously noted that the Penal Code did not contain a provision specifically prohibiting the use, procuring or offering of children for the production of pornography or pornographic performances, and requested the Government to indicate the measures taken or envisaged to ensure its prohibition. The Committee notes with interest that section 144(5) of the Penal Code (Amendment) (Sexual offences) Act (2016) criminalizes using, offering or procuring a child for the production of child exploitation material, providing for a maximum penalty of 20 years of imprisonment for the offender, if the victim is under 15 years of age; and of 15 years of imprisonment in other cases. The Committee notes that according to section 144(1) of the Amendment Act, child exploitation material includes material that depicts or describes, in a way that a reasonable person would regard as being, in all the circumstances, offensive: (i) a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons); (ii) a child in the presence of another person who is engaged or apparently engaged in a sexual pose or sexual activity; (iii) a child in a sexual context or a context intended to provide sexual or sadistic gratification; and (iv) or the sexual parts of a child. Child exploitation material also includes material that is intended, or apparently intended, to encourage or advocate people to engage in sexual activity with children. The Committee requests the Government to provide information on the application, in practice, of section 144(5) of the Penal Code (Amendment) (Sexual Offences Act) 2016, including the number of investigations, prosecutions, nature of the offences, convictions and sanctions imposed on the offenders.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted the absence of a provision in the national penal legislation prohibiting the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee notes that the Government’s report does not provide any information in this regard. The Committee once again requests the Government to provide information on the measures taken or envisaged with a view to prohibiting the use, procuring or offering of a person under 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). List of hazardous work. The Committee previously noted that the Government was in the process of developing a list of types of hazardous work prohibited for children under the age of 18 with the technical support of the ILO. The Committee requested the Government to take the necessary measures, without delay, to develop and ensure the adoption of that list. The Committee notes that section 5(2) of the Child and Family Welfare Act 2016 defines “hazardous or exploitive labour” in relation to a child as including any work that is inappropriate for the child’s age; or is hazardous to the child’s physical or mental health; or impairs the child’s education and moral development. The Committee, however, notes that the Government has not provided any information on progress made in relation to the adoption of the list of types of hazardous work required by Article 4 of the Convention. The Committee once again requests the Government to take the necessary measures, without delay, to finalize a list of types of hazardous work prohibited for persons under 18 years of age, in consultation with the organizations of employers and workers concerned, and to ensure its adoption. The Committee reminds the Government that it may avail itself again of the technical assistance of the Office in this regard. The Committee requests the Government to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. The Committee previously noted that the Royal Solomon Islands Police Force (RSIPF) and the labour inspectors are in charge of monitoring child labour in its worst forms in the country. The Committee also noted that a Transnational Crime Unit (TCU) was established to combat trafficking in persons and requested the Government to provide information on the activities of the TCU in combating child trafficking. The Committee notes, however, that the Government has not provided any information in this respect. The Committee also notes that, according to the website of the RSIPF, a National Central Bureau of INTERPOL was established in Honiara in 2017, which supports the domestic law enforcement agencies in the country, including the police force. The Committee once again requests the Government to provide information on the activities of the police force, the TCU, and other bodies responsible for monitoring crimes related to child trafficking, child commercial sexual exploitation and the use of children in illicit activities, including information on measures adopted to strengthen the capacities of such bodies.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the adoption of the 2007-15 Education Strategic Framework and the National Education Action Plans 2010–12 and 2013–15, and requested the Government to provide information on the results achieved by these measures. The Committee also noted that, according to UNESCO statistics, as of 2012, the gross enrolment ratio for primary education was 141 per cent (139.6 per cent female and 142.3 per cent male) while the gross enrolment ratio for secondary education was 48.4 per cent (47 per cent female and 49.8 per cent male). In this regard, the Committee requested the Government to take measures to increase the school enrolment, attendance and completion rates at the secondary level of education. The Committee notes the adoption of the Education Strategic Framework (ESF) 2016–2030, which sets out as a long term objective achieving full completion to quality and relevant primary and junior secondary (age 13 to 15) education for all, in line with the Sustainable Development Goals. The ESF provides for the implementation of effective policies to improve access for priority target groups, including girls, children with special learning needs, those who mainly speak vernacular languages, and those who live in remote or distant geographical areas and from low economic backgrounds. The Committee notes that the ESF also contains an assessment of the implementation of the previous Education Strategy 2007–2015. According to the ESF, during the period of 2007 to 2015, students’ enrolment increased by 24 per cent in primary schools and 70 per cent in junior secondary education, however the issue of students dropping out of primary school remains a problem. The Committee notes that, according to the UNESCO statistics, the gross enrolment ratio in primary education (6 to 11 years of age) has dropped from 113.59 per cent in 2015 to 106.21 per cent in 2018, while there is no information on enrolment rates for secondary education (12 to 18 years of age) after 2012. The Committee also notes that the Committee on the Rights of the Child in its 2018 concluding observations expresses concern at the disparities in the quality and access to education in urban/remote areas (CRC/C/SL/B/CO/2-3, 28 February 2018, paragraph 44). Recalling that access to free basic education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on effective and time-bound measures taken under the Education Strategic Framework (ESF) 2016-2030 with the aim of facilitating access to all children to both primary and lower secondary education, including measures to increase school attendance and reduce drop-out rates, particularly among children from poor and disadvantaged families as well as children living in remote areas. The Committee requests the Government to provide information on the results achieved in this regard.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Commercial sexual exploitation and hazardous work. The Committee notes that section 12 of the Child and Family Welfare Act 2016 provides that the Director of the Government Division responsible for social welfare matters can take any action reasonably necessary for the purpose of protecting and promoting the wellbeing of children in need of care and protection, including children at risk of being involved in commercial sexual exploitation and hazardous labour. The Committee also notes that section 16 of the Act states that the Director must lead and coordinate the development of programmes to promote community discussion and awareness of issues relating to the wellbeing of children as well as to strengthen community mechanisms for the protection of children. The Committee notes that, according to section 2, children who are or have been married are outside the coverage of the Act and that children from the age of 15 can marry pursuant to section 10 of the Islanders Marriage Act. In addition, the Committee notes that the UN Committee on the Rights of the Child in its 2018 concluding observations requested the Government to take the measures necessary to ensure that no child under 18 years of age engages in hazardous labour, including in the agriculture, logging, tourism and fishing industries (CRC/C/SL/B/CO/2-3, 28 February 2018, paragraph 47). The Committee requests the Government to provide information on effective and time-bound measures taken, including within the framework of the Child and Family Welfare Act 2016, to remove children from commercial sexual exploitation and hazardous work and to provide assistance with regard to social rehabilitation and social integration. In addition, the Committee requests the Government to indicate how married children under 18 could also benefit from protective measures against the worst forms of child labour.

Application of the Convention in practice. In its previous comments, the Committee noted the lack of statistical information available on the worst forms of child labour and requested the Government to ensure sufficient data on this subject. The Committee notes that the Government has not provided the statistical information requested but indicates that a database will be established for this purpose. The Committee encourages the Government to intensify its efforts to implement a database containing statistical information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. The Committee therefore hopes that the Government will be in a position to provide this statistical information, as far as possible, disaggregated by gender and age.

The Committee notes that the Government indicates that no steps have been taken with respect to the issues highlighted in its previous comments and that information will be provided in this respect once the incremental review exercise of the laws by the Office of the Commissioner of Labour has taken place. In the absence of further substantial information, the Committee is bound to repeat its previous comments.

Articles 1 and 2 of the Convention. Legislative matters. In its previous comments, the Committee had noted the Government’s first report and drew the Government’s attention to a series of legal provisions which were not in conformity with the Convention and needed to be amended in order to:

-make the Trade Unions Act (TUA) applicable to all workers irrespective of the nature of their contract, including independent and outsourced workers and workers without an employment contract, as well as to prison staff and fire services (section 2 et seq. of the TUA);
-ensure that the fine imposable upon an employer who discriminates against a worker at the stage of recruitment for reasons of union membership or activities (section 60(3) of the TUA) is sufficiently dissuasive;
-adopt provisions which: (i) provide adequate protection to workers, in particular to trade union officers and representatives, against anti-union discrimination in the course of employment, such as transfer, relocation and withdrawal of benefits; (ii) explicitly prohibit dismissal for reasons of trade union membership or activities; and (iii) set up rapid and impartial procedures as well as sufficiently effective and dissuasive sanctions against such acts; and
-adopt provisions providing for full and adequate protection of workers’ and employers’ organizations against any acts of interference against each other, setting up rapid and impartial procedures as well as sufficiently effective and dissuasive sanctions against such acts.

The Committee takes note of the Government’s indication that legislative issues will be addressed during the incremental review exercise of the laws by the Office of the Commissioner of Labour in Solomon Islands. The Committee trusts that the Government will seize this opportunity to take the necessary legislative measures, in consultation with the social partners, to bring the provisions of the TUA into full conformity with the Convention. The Committee requests the Government to provide information on any measures taken in this regard.

In its previous comments, the Committee also requested the Government to provide further details on:

-the role of labour inspection and other bodies empowered to examine complaints against anti-union discrimination and against allegations of interference of employers in workers’ organizations, especially concerning their accessibility, rapidity and independence;
-the rule granting reversal of burden of proof for cases of anti-union discrimination other than dismissal;
-the sanctions provided for in case of interference by employers in workers’ organizations and for anti-union discrimination unrelated to recruitment;
-legislative provisions and all other measures whose objective is to regulate and promote collective voluntary negotiation among the social partners; the possible powers of public authorities in this regard, as well as the number of collective agreements concluded, specifying the sectors and the number of workers covered; and
-legislative provisions and all other measures regulating the procedure for recognition of trade unions in collective bargaining, in particular the criteria for the designation of bargaining agents, threshold of representativity required, type and duration of recognition procedure, rights of minority unions, the possibility of forming groups of trade unions for bargaining purposes, and collective bargaining rights of employers’ organizations, including the role, if any, of the Chamber of Commerce.

Noting the absence of any new information in this regard, the Committee once again requests the Government to provide information on these matters.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Article 11 of the Convention. Protection of workers’ claims in case of their employers’ insolvency. Further to its previous comments, the Committee notes that section 39 of the Bankruptcy Act protects workers’ claims in case of bankruptcy by listing all wage-related debts among those that must be paid in priority to all other debts.

Comments adopted by the CEACR: Solomon Islands

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C042 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C098 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)