Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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 (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, 1997 makes the production and trafficking of drugs illegal. It requested the Government to provide a copy of the provisions under the Drug Trafficking Ordinance which prohibits the production and trafficking of illegal drugs.

The Committee notes that the Misuse of Drugs Ordinance, 1987 makes it an offence to import, export, produce, supply, possess or cultivate controlled drugs (sections 3–6). Furthermore, according to section 17 of this Ordinance, it is an offence to attempt to commit or to incite or attempt to incite another to commit such an offence.

Clause (d). Hazardous work. In its previous comments, the Committee observed that children between 15 and 18 years of age are not protected from hazardous work under the scope of section 3 of the Employment of Children Ordinance, 1966 as amended and section 4A of the Employment of Women, Young Persons and Children (EWYPC) Ordinance, 1968 as amended. It also observed that boys under the age of 18 years are not covered by section 3(4) of the EWYPC Ordinance which prohibits work underground in any mine or quarry. The Committee noted the Government’s statement as to the need for a legislative review in order to bring the legislation into conformity with the Convention.

The Committee notes that the Government’s report does not contain any information as regards the legislative review to ensure the protection of all children, including boys under the age of 18 years from hazardous work. The Committee notes the Government’s statement that children under 18 years of age have a wide range of protections, including from hazardous work under the provisions of the Crimes Ordinance, 2014 and Children Ordinance, 2014. The Committee, however, notes that the provisions referred to by the Government under the Crimes Act concern cruelty, neglect or maltreatment of persons under 16 years (section 82). The provisions under the Children Ordinance relate to the welfare of children under 18 years who are in need, including their physical, emotional and educational needs. The Committee once again reminds the Government that, by virtue of Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which, by its nature or circumstances in which it is carried out, is likely to harm the health, safety or morals of young persons, shall not be less than 18 years. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to ensure that the provisions under the Employment of Children Ordinance and the EWYPC Ordinance are in conformity with Article 3(1) of the Convention.

Article 7(1). Penalties. The Committee previously observed that the penalties mentioned in the Employment of Children Ordinance and the EWYPC Ordinance for the violation of the provisions related to the prohibition on hazardous work, are very minimal. The Committee noted the Government’s information that no prosecutions had been brought under either Ordinance and hence there was 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 noted the Government’s indication that the legislative review would incorporate the introduction of effective penalties for the violation of the provisions related to hazardous work. Noting that the Government’s report does not provide any information on the legislative review on this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to review its legislation so as to 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.