CMNT_TITLE

Worst Forms of Child Labour Convention, 1999 (No. 182) - Palau (RATIFICATION: 2019)

The Committee notes the Government’s first report.

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 notes that article IV section 11 of the Constitution imposes an obligation on the Government to protect children from exploitation. The Committee welcomes the adoption of the new Anti-Human Trafficking Act, 2022. It notes that under section 2108, it is an offence to engage in the trafficking of a child, and upon conviction, a guilty person is liable to a fine of up to US$250,000 and not less than five years or more than 25 years’ of imprisonment. Under section 2109, it is an aggravated offence to engage in the trafficking of a child when the life or safety of that child is, or is likely to be, endangered. Upon conviction a person guilty of aggravated trafficking in children is liable to a fine of up to US$375,000 and not less than 10 years’ or more than 50 years’ imprisonment, without the possibility of parole. Section 2111 of the Act also makes it an offence to exploit a trafficked child and, upon conviction, a person guilty of exploiting a trafficked child is liable to a fine of not more than US$50,000 and not less than two years’ or more than 10 years’ imprisonment. The Committee requests the Government to provide information on the application in practice of sections 2108, 2109 and 2111 of the Anti-Human Trafficking Act, 2022, related to the trafficking of children under 18 years of age, including the number of investigations, prosecutions, convictions and specific penalties applied.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Prostitution. The Committee takes note of the Act of 2013 which updates the criminal offences contained in Title 17 of the Palau National Code (known as the Penal Code). It notes that under Chapter 48, sections 4800 to 4803 of the Penal Code, prostitution is an offence. More specifically, section 4800 makes it is a misdemeanour to: (1) engage in, or agree or offer to engage in, sexual conduct with another person for a fee; or (2) pay, agree to pay or offer to pay a fee to another to engage in sexual conduct. Under sections 4801, 4802 and 4803, a person who promotes prostitution or profits from the prostitution of another can be found guilty of a first or second degree offence. The Committee further notes, that under section 2113 of the Anti-Human Trafficking Act, 2022, a smuggled, trafficked or exploited person shall not be subject to criminal prosecution with respect to the act of that person’s smuggling, trafficking or exploitation. The Committee requests the Government to provide information on the application in practice of sections 4800 to 4803 of the Penal Code with regard to the use, procuring or offering of a child for prostitution, including on the number and nature of violations detected and the penalties applied. The Committee further requests the Government to provide information on how it is ensured that all children engaged in prostitution, and not only those who are victims of trafficking or exploitation, are considered as victims and not criminal offenders, and that they receive the services necessary for their rehabilitation and social integration.

Pornography. The Committee notes that under sections 1800 to 1803 of the Penal Code it is an offence to use, procure or offer a child (defined as any person under the age of 18 years) for pornographic performances. The Committee requests the Government to provide information on the investigations and prosecutions carried out and penalties imposed for the offences related to the use, procuring or offering of both boys and girls under the age of 18 years for the purpose of pornography or pornographic performances, pursuant to sections 1800 to 1803 of the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs. The Committee notes that the Government’s report provides no information on this point. It notes that under section 703 of the Penal Code the possession, trafficking or manufacture of controlled substances is an offence for which property is subject to forfeiture. The Committee requests the Government to provide information on the measures taken to ensure that the use, procuring or offering of children under 18 years for illicit activities, in particular for the production and trafficking of drugs, is prohibited.

Articles 3(d) and 4. Hazardous work and determination of types of hazardous work. The Committee notes, from the concluding observations of the United Nations Committee on the Rights of the Child (CRC), that there is no list of hazardous work prohibited to children in Palau (CRC/C/PLW/CO/2, 28 February 2018, paragraph 52). The Committee requests the Government to indicate the measures taken or envisaged to ensure the protection of all workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. It also requests the Government to take the necessary measures, in consultation with the organizations of employers and workers, to determine a list of the types of hazardous work referred to under Article 3(d) of the Convention, and to periodically examine and revise such a list as necessary.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the Labour Compliance Office conducts monitoring and surveillance every day in all business establishments in the country, to ensure that all the establishments are in compliance with the labour laws that support the prohibition and elimination of the worst forms of child labour. In addition, the Committee notes that, under section 2122 of the Anti-Human Trafficking Act, 2022, the Division of Transnational Crime of the Bureau of Public Safety shall prepare an annual report on efforts to eliminate human trafficking and smuggling in the country, with a summary of standard operating procedures to be used for the proactive identification of smuggling and trafficking victims. The Committee further notes, from the concluding observations of the CRC, the establishment of an Anti-Human Trafficking Office (CRC/C/PLW/CO/2, paragraph 28). The Committee requests the Government to provide information on the specific measures taken by the Labour Compliance Office to effectively monitor and eliminate the worst forms of child labour, as well as any activities undertaken in this regard by the Anti-Human Trafficking Office and the Palau Police. The Committee also requests the Government to provide a copy of the most recent annual report on human trafficking prepared by the Division of Transnational Crime.

Article 6. Programmes of action. The Committee notes, from the Government’s report submitted to the United Nations Human Rights Council (HRC) under the Universal Periodic Review, that a two-year National Action Plan (NAP) to combat human trafficking was established and approved in January 2019 and that the development of the second NAP was ongoing and would result in a five-year NAP (A/HRC/WG.6/38/PLW/1, 26 April 2021, paragraph 54). The Committee requests the Government to provide information on the adoption and implementation of the five-year NAP to combat human trafficking, with regard to the prevention of trafficking of children. It also requests the Government to provide information on any measures taken or envisaged to adopt and implement programmes of action for the prevention of the worst forms of child labour, in consultation with workers’ and employers’ organizations, and taking into account the views of other concerned groups.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that article VI of the Constitution provides that public education for citizens shall be free and compulsory. It also notes that, under Title 22 of the Palau National Code on Education: (1) attendance at a public or non-public school shall be required of all children between the ages of 6 and 17, inclusive, or until graduation from high school (section 159(a)); and (2) the Minister of Education shall administer programmes of education and public instruction throughout the country and shall make provision for school improvement processes (sections 111 and 112). The Committee requests the Government to provide up-to-date statistical data on school enrolment and drop-out rates, disaggregated by age and gender.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. The Committee notes, from the 2021 outcome of the Universal Periodic Review that: (1) an executive order was signed, creating a division of transnational crime within the Bureau of Public Safety to focus on identifying and eliminating human trafficking in Palau; and (2) the Government established an Anti-Human Trafficking Office (A/HRC/48/12, 16 July 2021, paragraphs 9 and 14). The Committee also notes that the CRC, in its concluding observations expressed concern: (1) that there are no systems, shelters or foster homes in place to accommodate children, especially child victims of violence; and (2) over the lack of supporting legislation or guidelines dealing with the prevention and prosecution of trafficking in children and the repatriation and rehabilitation of child victims/survivors (CRC/C/PLW/CO/2, paragraphs 28 and 54). The Committee further notes the existence of a Victims of Crime Assistance programme (VOCA) which provides assistance to children who are physically and sexually abused or without parental care. The Committee requests the Government to pursue its efforts to prevent the engagement of children in, and remove them from, trafficking, prostitution and other worst forms of child labour, as well as to rehabilitate and socially integrate them. It requests the Government to provide information on the measures taken in this regard, including within the framework of the VOCA, and on the number of children under 18 years of age who have been removed from the worst forms of child labour and provided with appropriate care and assistance.

Article 7(3). Designation of a competent authority. The Committee requests the Government to indicate the competent authority responsible for the implementation of the provisions giving effect to the Convention.

Article 8. International Cooperation. Poverty reduction. The Committee notes, from a 2017 UNICEF Report “Situation Analysis of Children in Palau”, that children appear to be particularly at risk of poverty and vulnerability. In this regard, the Committee recalls the important correlation between child labour and poverty and that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour (see General Survey on the fundamental Conventions, 2012, paragraphs 621–25). The Committee requests the Government to provide information on any measures and programmes taken or envisaged to combat poverty so as to ensure that children are less at risk of entering child labour and its worst forms.

Application of the Convention in practice. The Committee notes the Government’s indication that it has not encountered any case of worst forms of child labour. The Committee requests the Government to provide any available information on the nature, extent and trends on the worst forms of child labour, particularly with regard to trafficking in children and commercial sexual exploitation of children.