Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Iles Falkland (Malvinas)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that sections 1–4 of the Child Abduction Act of 1984 make it an offence to take or send a child under the age of 16 years out of the country and sections 57–59 of the Sexual Offences Act of 2003 prohibit internal and external trafficking of persons for sexual exploitation. The Committee observed, however, that the above provisions did not address trafficking for labour exploitation.

The Committee notes the Government’s statement that, to date, child trafficking has not been identified as having occurred either out of or into the Falkland Islands. The Government also states that the immigration controls at ports and airports are rigorous and therefore the risks of trafficking occurring without the knowledge of the authorities are very rare. Moreover, the Children Ordinance empowers the Government to apply to the court to place a child who is suffering or likely to suffer significant harm as a result of child trafficking, in the care of the Crown.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee previously noted the Government’s indication that the Drug Trafficking Ordinance makes the production and trafficking of drugs illegal. The Committee requests the Government to provide a copy of the provisions under the Drug Trafficking Ordinance which prohibits the production and trafficking of illegal drugs.

Clause (d). Hazardous work. The Committee notes that, according to section 3(c) and (d) of the Employment of Children Ordinance of 1966, as amended by the Employment of Children (Amendment) Ordinance 1968 and 2006, children under the age of 15 years shall not be employed in any work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, or to lift, carry or move anything which is likely to cause injury to the child, as well as in night work. It also notes that, according to section 4A of the Employment of Women, Young Persons and Children Act of 1967, as amended by the Employment of Women, Young Persons and Children (Amendment) Ordinance of 1968 and 2006 (EWYPC Ordinance, as amended): no child under the age of 15 years shall be employed in any work which exposes the child to physical, psychological or sexual abuse; underground, under water, at dangerous heights or in confined spaces; with dangerous machinery, equipment or tools, without adequate training and, where necessary, adequate supervision. The Committee further notes that section 3(2) of the EWYPC Ordinance, as amended, prohibits night work by young persons under 18 years of age, and section 3(4) prohibits the employment of women and female young persons from working underground in any mine, or quarry.

Observing that children between 15 and 18 years are not protected from hazardous work under the scope of section 3 of the Employment of Children Ordinance and section 4A of the EWYPC Ordinance as amended and that boys under the age of 18 years are not covered by section 3(4) of the EWYPC Ordinance, the Committee urged the Government to take the necessary measures to bring the legislation into conformity with the Convention.

The Committee notes the Government’s statement that the need for legislative review to ensure compliance with the Convention has been identified and that the necessary measures will be taken in this regard at the earliest. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the legislative review will be undertaken in the near future and that the amendments will prohibit hazardous work of children under 18 years, so as to be in line with Article 3(d) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Article 7(1). Penalties. The Committee previously observed that the penalties mentioned in the Employment of Children Ordinance, 1966, and the EWYPC Ordinance for the violation of the provisions related to the prohibition on hazardous work, are very minimal.

The Committee notes the Government’s information that no prosecutions have been brought under either Ordinance and hence there is currently no evidence of breach of the relevant provisions of the Ordinance which might otherwise be curtailed by the introduction of more dissuasive penalties. However, the Committee notes the Government’s indication that the legislative review will incorporate the introduction of effective penalties for the violation of the provisions related to hazardous work. The Committee therefore expresses the firm hope that the Government will take the necessary measures to ensure that the legislative review will incorporate provisions establishing sufficiently effective and dissuasive penalties for the violation of the prohibition on hazardous work by children under 18 years of age. It requests the Government to provide information on any progress made in this regard.