Forced Labour Convention, 1930 (No. 29) - Kiribati (RATIFICATION: 2000)

CMNT_TITLE

Previous comment

Referring to its previous comments, the Committee takes note of the information provided by the Government in relation to minor communal services undertaken within the Mwaneaba system as well as to the application of section 122 of the Employment and Industrial Relations Code, 2015, concerning the exaction of forced or compulsory labour.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee observes that section 42 of the Measures to Combat Terrorism and Transnational Organised Crime Act (TTOC Act), 2005, provides that anyone who engages in trafficking in persons is liable to imprisonment for 15 years. According to section 2 of the same Act, “trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of a person for the purpose of exploitation. “Exploitation” includes all forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, and servitude. The Committee requests the Government to provide information concerning the phenomenon of trafficking in persons for the purposes of both labour and sexual exploitation in the country, as well as on the measures taken to prevent it and protect potential victims.The Committee alsorequests the Government to provide information on any investigation or criminal proceeding conducted under section 42 of the TTOC Act, 2005, for the crime of trafficking in persons.

2. Legislation concerning vagrancy. The Committee observes that, in accordance with section 167(a) of the Penal Code, “any person who, having no visible means of support or insufficient lawful means, shall not (being thereunto required by any magistrates’ court or who, being duly summoned for such purpose, shall be brought before any magistrates’ court) give good account of his means of support to the satisfaction of such magistrates’ court” shall be deemed idle and disorderly and be liable to imprisonment for two months or to a fine. Under section 168(a), any person convicted under section 167 after having previously been convicted as an idle and disorderly person is guilty of a misdemeanor, liable for the first offence to imprisonment for three months, and for every subsequent offence to imprisonment for one year. The Committee observes that the remaining paragraphs of sections 167 and 168 of the Penal Code refer, in the definitions of idle and disorderly persons and rogues and vagabonds, to conducts that are likely to disturb the public order such as drunkenness, begging and riotous behavior.

The Committee draws the Government’s attention to the fact that laws which oblige all able-bodied citizens to be gainfully employed (such as is requested under section 167(a) of the Penal Code) under the menace of imposition of penal sanctions are incompatible with the Convention as they constitute an indirect compulsion to work. It also recalls that the laws, which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work, should be amended so that penal sanctions are limited to the cases where the public order is disturbed by an offender who refrains from working, but who is also engaged in any unlawful activity as a means of subsistence. As recourse to section 167(a) of the Penal Code may constitute an indirect constraint to work, the Committee therefore requests the Government to take measures to repeal this paragraph so that only persons who disturb the public order, such as in the remaining paragraphs of sections 167 and 168, may be liable to penal sanctions.

CMNT_TITLE

Article 2(2)(d) of the Convention. Cases of emergency. The Committee previously took due note of the adoption of the Employment and Industrial Relations Code, 2015 (EIRC), providing for new provisions on the limits to work exacted in cases of emergency under section 121(b) and requested the Government to indicate the progress achieved in the implementation of the EIRC, after the Parliament has assented to it. The Committee notes with interest that the Employment and Industrial Relations Code was assented to by the Parliament and that its Part XIV on Forced Labour, which contains section 121(b), entered into force on 1 November 2016.

Article 2(2)(e). Minor communal services. The Committee previously noted that section 121(c) of the EIRC states that forced or compulsory labour does not include “unpaid labour on minor communal works that are reasonably required as part of reasonable and normal communal or civic obligations, provided that members of the community concerned must be consulted in regard to the need for such works, prior to any obligation imposed on a person to undertake them”. The Government indicated that the need for such communal services is decided by the Mwaneaba (Traditional Community Meeting House) system, which determines the members of the community who will be consulted, the tasks to perform and their duration. The Committee requested the Government to indicate the progress achieved in the implementation of the EIRC, after the Parliament has assented to it, and to provide information on the exaction of communal works within the Mwaneaba system.

The Committee notes with interest that the provision of the Employment and Industrial Relations Code on minor communal services entered into force on 1 November 2016. The Government indicates in its report that the type of communal works within the Mwaneaba system can differ from one island to another, depending on the decision of the Unimwane (traditional elders’ authority), but that work such as renovation of the Mwaneaba itself, the welcoming of guests or compulsory Mwaneaba meetings are common throughout all Mwaneabas in Kiribati. Regarding the duration of the work, the Government indicates that it may range from one day to two months, for the renovation and construction of buildings, according to the decision of the Unimwane. These works are not compulsory for the people who choose not to be part of the ownership or membership of that Mwaneaba, but in this case neither are they entitled to the benefits, such as voicing their decisions under the Mwaneaba or sharing the gifts or assistance given to that Mwaneaba. The Committee requests the Government to continue to provide information on the type of communal works and their duration within the Mwaneaba system, in its future reports.

Article 25. Penalties for the exactions of forced labour. The Committee previously requested the Government to provide information on the application in practice of section 75 of the Employment Ordinance 1998, according to which the exaction of forced or compulsory labour is punishable by life imprisonment and a fine.

The Committee takes note of the Government’s indication that there has been no reported cases of forced labour under the Employment Ordinance. The Government further indicates that the Employment Ordinance has been repealed and replaced by the EIRC, which provides for a sentence of imprisonment of 25 years or a fine, or both, for the exaction of forced or compulsory labour (section 122). In this regard, the Committee observes that the Government has reduced the penalty imposed for the exaction of forced labour. Referring to paragraph 319 of the 2012 General Survey on fundamental Conventions, the Committee recalls that, when the sanction may consist only of a fine, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee therefore requests the Government to provide information on the specific penalties imposed on persons convicted under section 122 of the EIRC in practice.

CMNT_TITLE

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 2(2)(d) of the Convention. Cases of emergency. In its previous comments, the Committee requested the Government to indicate what guarantees are provided to ensure that the powers to call up labour in cases of emergency are limited to what is strictly required. The Government indicates in its report the adoption of the Employment and Industrial Relations Code (EIRC) by the Parliament, according to which under section 121(b) forced or compulsory labour does not mean: “Any work or service exacted in case of emergency, that is to say, in the event of a war, or of a calamity or threatened calamity such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests and in general any circumstances that would endanger the existence or the well-being of the whole or part of the population, provided that such work shall be limited to that strictly required by the exigencies of the situation and shall cease as soon as the circumstances endangering the population or its normal living conditions no longer exist.” The Committee takes due note of the new provisions on the limits to work exacted in cases of emergency and notes the technical assistance of the Office in the framework of the Decent Work Country Programme. Noting the Government’s indication that the EIRC will be implemented at a later stage as the Parliament has not yet assented to it, the Committee requests the Government to indicate the progress achieved in this regard.

Article 2(2)(e). Minor communal services. For several years, the Committee has been drawing the Government’s attention to the practical effects given to section 74(c) of the Employment Ordinance and its compatibility with the Convention. The Committee asked the Government to provide information on the exaction of minor communal services including the duration of the work carried out, the number of persons concerned and how consultations of the members of the community concerning the needs for such services are carried out. The Government indicates in its report that there are no written policies governing the community services. The need for such services is decided by the Mwaneaba (Traditional Community Meeting House) system. In practice, the Mwaneaba decides on the members of the community who are consulted, on the task and its duration. The Government refers to the adoption of the EIRC by the Parliament and the new provision on minor communal services in section 121-1-c: “unpaid labour on minor communal works that are reasonably required as part of reasonable and normal communal or civic obligations, provided that members of the community concerned must be consulted in regard to the need for such works, prior to any obligation imposed on a person to undertake them”. The Committee takes due note of this new provision. Noting the Government’s indication that the EIRC will be implemented at a later stage as the Parliament has not yet assented to it, the Committee requests the Government to indicate the progress achieved in this regard. Please provide information on the type of communal works and their duration within the Mwaneaba system.

Article 25. Penalties for the exactions of forced labour. In its previous comments, the Committee requested the Government to provide information on any measures taken with a view to preventing, prosecuting and punishing cases of forced labour including capacity-building and awareness-raising activities targeted at both law enforcement officials and the population in general. The Government indicates that there has been no reported case for the offence punishable under the section 75 of the Employment Ordinance (forced labour punishable by a fine of $250,000 and life imprisonment). The Committee takes note of the information provided. The Committee requests the Government to provide information on the application in practice of section 75 of the Employment Ordinance 1998 and section 42 of the Measures to Combat Terrorism and Transnational Organised Crime Act 2005, which criminalize trafficking in persons, or on any judicial decision in this regard. Please also provide information on any measures taken to prevent the occurrence of these practices, and to strengthen the capacity of law enforcement bodies.

CMNT_TITLE

Article 2(2)(d) of the Convention. Cases of emergency. In its previous comments, the Committee requested the Government to indicate what guarantees are provided to ensure that the powers to call up labour in cases of emergency are limited to what is strictly required. The Government indicates in its report the adoption of the Employment and Industrial Relations Code (EIRC) by the Parliament, according to which under section 121(b) forced or compulsory labour does not mean: “Any work or service exacted in case of emergency, that is to say, in the event of a war, or of a calamity or threatened calamity such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests and in general any circumstances that would endanger the existence or the well-being of the whole or part of the population, provided that such work shall be limited to that strictly required by the exigencies of the situation and shall cease as soon as the circumstances endangering the population or its normal living conditions no longer exist.” The Committee takes due note of the new provisions on the limits to work exacted in cases of emergency and notes the technical assistance of the Office in the framework of the Decent Work Country Programme. Noting the Government’s indication that the EIRC will be implemented at a later stage as the Parliament has not yet assented to it, the Committee requests the Government to indicate the progress achieved in this regard.

Article 2(2)(e). Minor communal services. For several years, the Committee has been drawing the Government’s attention to the practical effects given to section 74(c) of the Employment Ordinance and its compatibility with the Convention. The Committee asked the Government to provide information on the exaction of minor communal services including the duration of the work carried out, the number of persons concerned and how consultations of the members of the community concerning the needs for such services are carried out. The Government indicates in its report that there are no written policies governing the community services. The need for such services is decided by the Mwaneaba (Traditional Community Meeting House) system. In practice, the Mwaneaba decides on the members of the community who are consulted, on the task and its duration. The Government refers to the adoption of the EIRC by the Parliament and the new provision on minor communal services in section 121-1-c: “unpaid labour on minor communal works that are reasonably required as part of reasonable and normal communal or civic obligations, provided that members of the community concerned must be consulted in regard to the need for such works, prior to any obligation imposed on a person to undertake them”. The Committee takes due note of this new provision. Noting the Government’s indication that the EIRC will be implemented at a later stage as the Parliament has not yet assented to it, the Committee requests the Government to indicate the progress achieved in this regard. Please provide information on the type of communal works and their duration within the Mwaneaba system.

Article 25. Penalties for the exactions of forced labour. In its previous comments, the Committee requested the Government to provide information on any measures taken with a view to preventing, prosecuting and punishing cases of forced labour including capacity-building and awareness-raising activities targeted at both law enforcement officials and the population in general. The Government indicates that there has been no reported case for the offence punishable under the section 75 of the Employment Ordinance (forced labour punishable by a fine of $250,000 and life imprisonment). The Committee takes note of the information provided. The Committee requests the Government to provide information on the application in practice of section 75 of the Employment Ordinance 1998 and section 42 of the Measures to Combat Terrorism and Transnational Organised Crime Act 2005, which criminalize trafficking in persons, or on any judicial decision in this regard. Please also provide information on any measures taken to prevent the occurrence of these practices, and to strengthen the capacity of law enforcement bodies.

CMNT_TITLE

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.

Repetition

Article 2(2)(d) of the Convention. Cases of emergency. In its previous comments, the Committee noted that article 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) of 1977 provide for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. In this connection, the Government had indicated that the issue of the exaction of compulsory labour in cases of emergency would be considered by the tripartite National Decent Work Agenda Steering Committee. The Committee once again requests the Government to indicate what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2(2)(e). Minor communal services. The Committee previously noted the amendment made in 2008 to section 74(c) of the Employment Ordinance (Cap. 30) of 1977, under which the term “forced or compulsory labour” does not include unpaid labour on minor communal works that are reasonably required as part of reasonable and normal communal or civic obligations. It also noted the Government’s statement that there is no provision which guarantees the right of members of the communities concerned or their direct representatives to be consulted in regard to the need for such works. The Committee noted further the joint observations submitted by the Kiribati Trade Union Congress (KTUC) and ten other workers’ unions of Kiribati, communicated by the Government with its first report in 2005, which contained allegations concerning the existence of forced labour in Kiribati, in terms of village community work decided by the Te Mwaneaba (traditional community meeting house), that is performed under the threat of a penalty. While noting that the Government does not refer, in its report, to the workers’ observations mentioned above, the Committee notes the Government’s indication that minor communal work being performed by the members of the community, on request of the said community, can be considered as normal civic obligations of citizens as long as the members of the community or their representatives have the right to be consulted. In order to ascertain whether the practical effect given to section 74(c) of the Employment Ordinance, as amended, is compatible with the Convention, the Committee again asks the Government to provide information on the exaction of minor communal services in practice, including the duration of the work carried out and the number of persons concerned, as well as on how consultations of the members of the community concerning the need for such services are carried out.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted the amendment made in 2008 to section 75 of the Employment Ordinance (Cap. 30), according to which any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of US$250,000 and life imprisonment. The Committee notes the Government’s indication that no cases of forced labour have been reported under section 75 thus far. The Committee requests the Government to provide information on any measures taken or envisaged with a view to preventing, prosecuting and punishing cases of forced labour, including capacity-building and awareness-raising activities targeted at both law enforcement officials and the population in general, as well as any difficulties encountered in these areas.

CMNT_TITLE

The Committee notes the information provided by the Government with regard to its previous comments concerning the right of members of the disciplined forces to leave their service. It also notes the information provided by the Government regarding compulsory prison labour.

Article 2(2)(d) of the Convention. Cases of emergency. In its previous comments, the Committee noted that article 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) of 1977 provide for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. In this connection, the Government had indicated that the issue of the exaction of compulsory labour in cases of emergency would be considered by the tripartite National Decent Work Agenda Steering Committee. Noting that the Government’s report contains no new information on this matter, the Committee once again requests the Government to indicate what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2(2)(e). Minor communal services. The Committee previously noted the amendment made in 2008 to section 74(c) of the Employment Ordinance (Cap. 30) of 1977, under which the term “forced or compulsory labour” does not include unpaid labour on minor communal works that are reasonably required as part of reasonable and normal communal or civic obligations. It also noted the Government’s statement that there is no provision which guarantees the right of members of the communities concerned or their direct representatives to be consulted in regard to the need for such works. The Committee noted further the joint observations submitted by the Kiribati Trade Union Congress (KTUC) and ten other workers’ unions of Kiribati, communicated by the Government with its first report in 2005, which contained allegations concerning the existence of forced labour in Kiribati, in terms of village community work decided by the Te Mwaneaba (traditional community meeting house), that is performed under the threat of a penalty. While noting that the Government does not refer, in its report, to the workers’ observations mentioned above, the Committee notes the Government’s indication that minor communal work being performed by the members of the community, on request of the said community, can be considered as normal civic obligations of citizens as long as the members of the community or their representatives have the right to be consulted. In order to ascertain whether the practical effect given to section 74(c) of the Employment Ordinance, as amended, is compatible with the Convention, the Committee again asks the Government to provide information on the exaction of minor communal services in practice, including the duration of the work carried out and the number of persons concerned, as well as on how consultations of the members of the community concerning the need for such services are carried out.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted the amendment made in 2008 to section 75 of the Employment Ordinance (Cap. 30), according to which any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of US$250,000 and life imprisonment. The Committee notes the Government’s indication that no cases of forced labour have been reported under section 75 thus far. The Committee requests the Government to provide, in its future reports, information on any measures taken or envisaged with a view to preventing, prosecuting and punishing cases of forced labour, including capacity-building and awareness-raising activities targeted at both law enforcement officials and the population in general, as well as any difficulties encountered in these areas.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Freedom of members of the disciplined forces to leave their service. The Committee previously noted the Government’s indication in its last report that there are no military laws or regulations in the country, and that military service does not exist in practice. The Committee also noted that, under sections 18(1) and 126 of the Constitution of Kiribati, disciplined forces include the Kiribati Police, the Prison Service, the Marine Protection Service and the Marine Training School. Please indicate any provisions applicable to members of these disciplined forces, as regards their right to leave the service at their own request, e.g. by means of notice of reasonable length. Please also provide a copy of legislation governing the service in the disciplined forces.

Article 2(2)(d). Cases of emergency. The Committee previously noted that section 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) provide for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. It requested the Government to state what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

The Government indicated in its last report that this issue will be considered by the tripartite National Decent Work Agenda Steering Committee. The Committee hopes that the Government will provide, in its next report, information on the outcome of the discussions of this issue in the tripartite committee referred to above, and on any measures taken or envisaged in order to give effect to this provision of the Convention.

Article 2(2)(e). Minor communal services. The Committee previously noted the amendment made in 2008 to section 74(c) of the Employment Ordinance (Cap. 30), under which the term “forced or compulsory labour” does not include unpaid labour on minor communal works that are reasonably required as part of reasonable and normal communal or civic obligations. It also noted the Government’s statement that there is no provision which would guarantee the members of the communities concerned or their direct representatives the right to be consulted in regard to the need for such works. The Committee also noted previously the joint observations submitted by the Kiribati Trade Union Congress (KTUC) and ten other workers’ unions of Kiribati, communicated by the Government with its first report in 2005, which contained allegations concerning the existence of forced labour in Kiribati, in terms of village community work decided by the “Te Mwaneaba” (traditional community meeting house), that is performed under the threat of a penalty.

The Committee hopes that the Government will refer, in its next report, to the workers’ observations mentioned above and provide information on minor communal works performed under section 74(c) of the Employment Ordinance, indicating, in particular, the nature of such works and measures taken or envisaged to ensure that the members of the communities concerned or their direct representatives have the right to be consulted in regard to the need for such works.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted the amendment made in 2008 to section 75 of the Employment Ordinance (Cap. 30), according to which any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of US$250,000 and life imprisonment. The Committee would appreciate it if the Government would provide information on the legal proceedings which have been instituted as a consequence of the application in practice of section 75 of the Employment Ordinance referred to above and relevant provisions of Part XVI of the Penal Code (sections 245A (dealing in slaves), 248A (inducing servitude) and 249 (unlawful compulsory labour)), as well as on the penalties imposed on perpetrators, supplying sample copies of the relevant court decisions.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Freedom of members of the disciplined forces to leave their service. The Committee previously noted the Government’s indication in its last report that there are no military laws or regulations in the country, and that military service does not exist in practice. The Committee also noted that, under sections 18(1) and 126 of the Constitution of Kiribati, disciplined forces include the Kiribati Police, the Prison Service, the Marine Protection Service and the Marine Training School. Please indicate any provisions applicable to members of these disciplined forces, as regards their right to leave the service at their own request, e.g. by means of notice of reasonable length. Please also provide a copy of legislation governing the service in the disciplined forces.

Article 2(2)(d). Cases of emergency. The Committee previously noted that section 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) provide for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. It requested the Government to state what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

The Government indicated in its last report that this issue will be considered by the tripartite National Decent Work Agenda Steering Committee. The Committee hopes that the Government will provide, in its next report, information on the outcome of the discussions of this issue in the tripartite committee referred to above, and on any measures taken or envisaged in order to give effect to this provision of the Convention.

Article 2(2)(e). Minor communal services. The Committee previously noted the amendment made in 2008 to section 74(c) of the Employment Ordinance (Cap. 30), under which the term “forced or compulsory labour” does not include unpaid labour on minor communal works that are reasonably required as part of reasonable and normal communal or civic obligations. It also noted the Government’s statement that there is no provision which would guarantee the members of the communities concerned or their direct representatives the right to be consulted in regard to the need for such works. The Committee also noted previously the joint observations submitted by the Kiribati Trade Union Congress (KTUC) and ten other workers’ unions of Kiribati, communicated by the Government with its first report in 2005, which contained allegations concerning the existence of forced labour in Kiribati, in terms of village community work decided by the “Te Mwaneaba” (traditional community meeting house), that is performed under the threat of a penalty.

The Committee hopes that the Government will refer, in its next report, to the workers’ observations mentioned above and provide information on minor communal works performed under section 74(c) of the Employment Ordinance, indicating, in particular, the nature of such works and measures taken or envisaged to ensure that the members of the communities concerned or their direct representatives have the right to be consulted in regard to the need for such works.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted the amendment made in 2008 to section 75 of the Employment Ordinance (Cap. 30), according to which any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of US$250,000 and life imprisonment. The Committee would appreciate it if the Government would provide information on the legal proceedings which have been instituted as a consequence of the application in practice of section 75 of the Employment Ordinance referred to above and relevant provisions of Part XVI of the Penal Code (sections 245A (dealing in slaves), 248A (inducing servitude) and 249 (unlawful compulsory labour)), as well as on the penalties imposed on perpetrators, supplying sample copies of the relevant court decisions.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Freedom of members of the disciplined forces to leave their service. The Committee previously noted the Government’s indication in its last report that there are no military laws or regulations in the country, and that military service does not exist in practice. The Committee also noted that, under sections 18(1) and 126 of the Constitution of Kiribati, disciplined forces include the Kiribati Police, the Prison Service, the Marine Protection Service and the Marine Training School. Please indicate any provisions applicable to members of these disciplined forces, as regards their right to leave the service at their own request, e.g. by means of notice of reasonable length. Please also provide a copy of legislation governing the service in the disciplined forces.

Article 2(2)(d). Cases of emergency. The Committee previously noted that section 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) provide for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. It requested the Government to state what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

The Government indicated in its last report that this issue will be considered by the tripartite National Decent Work Agenda Steering Committee. The Committee hopes that the Government will provide, in its next report, information on the outcome of the discussions of this issue in the tripartite committee referred to above, and on any measures taken or envisaged in order to give effect to this provision of the Convention.

Article 2(2)(e). Minor communal services. The Committee previously noted the amendment made in 2008 to section 74(c) of the Employment Ordinance (Cap. 30), under which the term “forced or compulsory labour” does not include unpaid labour on minor communal works that are reasonably required as part of reasonable and normal communal or civic obligations. It also noted the Government’s statement that there is no provision which would guarantee the members of the communities concerned or their direct representatives the right to be consulted in regard to the need for such works. The Committee also noted previously the joint observations submitted by the Kiribati Trade Union Congress (KTUC) and ten other workers’ unions of Kiribati, communicated by the Government with its first report in 2005, which contained allegations concerning the existence of forced labour in Kiribati, in terms of village community work decided by the “Te Mwaneaba” (traditional community meeting house), that is performed under the threat of a penalty.

The Committee hopes that the Government will refer, in its next report, to the workers’ observations mentioned above and provide information on minor communal works performed under section 74(c) of the Employment Ordinance, indicating, in particular, the nature of such works and measures taken or envisaged to ensure that the members of the communities concerned or their direct representatives have the right to be consulted in regard to the need for such works.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted the amendment made in 2008 to section 75 of the Employment Ordinance (Cap. 30), according to which any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of US$250,000 and life imprisonment. The Committee would appreciate it if the Government would provide information on the legal proceedings which have been instituted as a consequence of the application in practice of section 75 of the Employment Ordinance referred to above and relevant provisions of Part XVI of the Penal Code (sections 245A (dealing in slaves), 248A (inducing servitude) and 249 (unlawful compulsory labour)), as well as on the penalties imposed on perpetrators, supplying sample copies of the relevant court decisions.

CMNT_TITLE

Articles 1(1) and 2(1) of the Convention. Freedom of members of the disciplined forces to leave their service. The Committee notes the Government’s indication in the report that there are no military laws or regulations in the country, and that military service does not exist in practice. The Committee also notes that, under sections 18(1) and 126 of the Constitution of Kiribati, disciplined forces include the Kiribati Police, the Prison Service, the Marine Protection Service and the Marine Training School. Please indicate any provisions applicable to members of these disciplined forces, as regards their right to leave the service at their own request, e.g. by means of notice of reasonable length. Please also provide a copy of legislation governing the service in the disciplined forces.

Article 2(2)(d). Cases of emergency. The Committee previously noted that section 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) provide for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. It requested the Government to state what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

The Government indicates in its report that this issue will be considered by the tripartite National Decent Work Agenda Steering Committee. The Committee hopes that the Government will provide, in its next report, information on the outcome of the discussions of this issue in the tripartite committee referred to above, and on any measures taken or envisaged in order to give effect to this provision of the Convention.

Article 2(2)(e). Minor communal services. The Committee notes the amendment made in 2008 to section 74(c) of the Employment Ordinance (Cap. 30), under which the term “forced or compulsory labour” does not include unpaid labour on minor communal works that are reasonably required as part of reasonable and normal communal or civic obligations. It also notes the Government’s statement that there is no provision which would guarantee the members of the communities concerned or their direct representatives the right to be consulted in regard to the need for such works. The Committee also noted previously the joint observations submitted by the Kiribati Trade Union Congress (KTUC) and ten other workers’ unions of Kiribati, communicated by the Government with its first report in 2005, which contained allegations concerning the existence of forced labour in Kiribati, in terms of village community work decided by the “Te Mwaneaba” (traditional community meeting house), that is performed under the threat of a penalty.

The Committee hopes that the Government will refer, in its next report, to the workers’ observations mentioned above and provide information on minor communal works performed under section 74(c) of the Employment Ordinance, indicating, in particular, the nature of such works and measures taken or envisaged to ensure that the members of the communities concerned or their direct representatives have the right to be consulted in regard to the need for such works.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee notes the amendment made in 2008 to section 75 of the Employment Ordinance (Cap. 30), according to which any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of US$250,000 and life imprisonment. The Committee would appreciate it if the Government would provide information on the legal proceedings which have been instituted as a consequence of the application in practice of section 75 of the Employment Ordinance referred to above and relevant provisions of Part XVI of the Penal Code (sections 245A (dealing in slaves), 248A (inducing servitude) and 249 (unlawful compulsory labour)), as well as on the penalties imposed on perpetrators, supplying sample copies of the relevant court decisions.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of laws and regulations governing the execution of penal sentences and compulsory military service laws.

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Freedom of career members of the armed forces to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2, paragraph 2, subparagraph (a). Compulsory military service. The Committee has noted that, under section 6(3)(c) of the Constitution of Kiribati, the expression “forced labour” does not include any labour required of a member of a disciplined force in pursuance of his duties or, in the case of conscientious objectors, any labour exacted in lieu of compulsory military service. The Committee requests the Government to provide copies of legislation governing compulsory service in disciplined forces and service exacted from conscientious objectors, so as to enable the Committee to assess its conformity with the Convention. Please state what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2, paragraph 2, subparagraph (d). Cases of emergency. The Committee has noted that section 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) provide for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. Please indicate whether any special legislation concerning cases of emergency has been adopted or is to be adopted under these provisions. Please also state what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2, subparagraph (e). Minor communal services. The Committee has noted that, under section 74(c) of the Employment Ordinance (Cap. 30), the term “forced or compulsory labour” does not include unpaid labour on minor communal works lawfully required by a local government council. It has also noted the joint observations submitted by the Kiribati Trade Union Congress (KTUC) and ten other workers’ unions of Kiribati, communicated by the Government with its report, which contained allegations concerning the existence of forced labour in Kiribati, in terms of village community work decided by the “Te Mwaneaba” (traditional community meeting house), performed under the threat of a penalty. The Committee requests the Government to provide information on such community works required by the local authorities indicating, in particular, the nature of such works and whether the members of the communities concerned or their direct representatives have the right to be consulted in regard to the need for such services. Please also communicate copies of relevant texts.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee has noted the provision of section 75 of the Employment Ordinance (Cap. 30), according to which any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of 100 Australian dollars. The Government also indicates in its report that additional penal sanctions for other forms of forced labour are provided for under Part XVI of the Penal Code, such as the case of abduction. Recalling that Article 25 requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee expresses the hope that measures will be taken with a view to revising the existent penal provisions, e.g. on the occasion of the future revision of the Penal Code, so as to reinforce the applicable sanctions for the illegal exaction of forced or compulsory labour, e.g. by including a possibility of imprisonment in the appropriate cases. Pending the adoption of such measures, the Committee requests the Government to provide information on any legal proceedings which have been instituted as a consequence of the application in practice of section 75 of the Employment Ordinance (Cap. 30) and relevant sections of Part XVI of the Penal Code, as well as on the penalties imposed, supplying copies of relevant court decisions.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of laws and regulations governing the execution of penal sentences and compulsory military service laws. Please also provide additional information on the following points.

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Compulsory military service. The Committee has noted that, under section 6(3)(c) of the Constitution of Kiribati, the expression “forced labour” does not include any labour required of a member of a disciplined force in pursuance of his duties or, in the case of conscientious objectors, any labour exacted in lieu of compulsory military service. The Committee requests the Government to provide copies of legislation governing compulsory service in disciplined forces and service exacted from conscientious objectors, so as to enable the Committee to assess its conformity with the Convention. Please state what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(d). Cases of emergency. The Committee has noted that section 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) provide for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. Please indicate whether any special legislation concerning cases of emergency has been adopted or is to be adopted under these provisions. Please also state what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2(2)(e). Minor communal services. The Committee has noted that, under section 74(c) of the Employment Ordinance (Cap. 30), the term “forced or compulsory labour” does not include unpaid labour on minor communal works lawfully required by a local government council. It has also noted the joint observations submitted by the Kiribati Trade Union Congress (KTUC) and ten other workers’ unions of Kiribati, communicated by the Government with its report, which contained allegations concerning the existence of forced labour in Kiribati, in terms of village community work decided by the “Te Mwaneaba” (traditional community meeting house), performed under the threat of a penalty. The Committee requests the Government to provide information on such community works required by the local authorities indicating, in particular, the nature of such works and whether the members of the communities concerned or their direct representatives have the right to be consulted in regard to the need for such services. Please also communicate copies of relevant texts.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee has noted the provision of section 75 of the Employment Ordinance (Cap. 30), according to which any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of 100 Australian dollars. The Government also indicates in its report that additional penal sanctions for other forms of forced labour are provided for under Part XVI of the Penal Code, such as the case of abduction. Recalling that Article 25 requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee expresses the hope that measures will be taken with a view to revising the existent penal provisions, e.g. on the occasion of the future revision of the Penal Code, so as to reinforce the applicable sanctions for the illegal exaction of forced or compulsory labour, e.g. by including a possibility of imprisonment in the appropriate cases. Pending the adoption of such measures, the Committee requests the Government to provide information on any legal proceedings which have been instituted as a consequence of the application in practice of section 75 of the Employment Ordinance (Cap. 30) and relevant sections of Part XVI of the Penal Code, as well as on the penalties imposed, supplying copies of relevant court decisions.

CMNT_TITLE

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to supply, with its next report, copies of laws and regulations governing the execution of penal sentences and compulsory military service laws. Please also provide additional information on the following points.

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Compulsory military service. The Committee has noted that, under section 6(3)(c) of the Constitution of Kiribati, the expression “forced labour” does not include any labour required of a member of a disciplined force in pursuance of his duties or, in the case of conscientious objectors, any labour exacted in lieu of compulsory military service. The Committee requests the Government to provide copies of legislation governing compulsory service in disciplined forces and service exacted from conscientious objectors, so as to enable the Committee to assess its conformity with the Convention. Please state what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(d). Cases of emergency. The Committee has noted that section 6(3)(d) of the Constitution of Kiribati and section 74(b) of the Employment Ordinance (Cap. 30) provide for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. Please indicate whether any special legislation concerning cases of emergency has been adopted or is to be adopted under these provisions. Please also state what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2(2)(e). Minor communal services. The Committee has noted that, under section 74(c) of the Employment Ordinance (Cap. 30), the term “forced or compulsory labour” does not include unpaid labour on minor communal works lawfully required by a local government council. It has also noted the joint observations submitted by the Kiribati Trade Union Congress (KTUC) and ten other workers’ unions of Kiribati, communicated by the Government with its report, which contained allegations concerning the existence of forced labour in Kiribati, in terms of village community work decided by the “Te Mwaneaba” (traditional community meeting house), performed under the threat of a penalty. The Committee requests the Government to provide information on such community works required by the local authorities indicating, in particular, the nature of such works and whether the members of the communities concerned or their direct representatives have the right to be consulted in regard to the need for such services. Please also communicate copies of relevant texts.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee has noted the provision of section 75 of the Employment Ordinance (Cap. 30), according to which any person who exacts, procures or employs forced or compulsory labour is guilty of an offence and shall be liable to a fine of $100. The Government also indicates in its report that additional penal sanctions for other forms of forced labour are provided for under Part XVI of the Penal Code, such as the case of abduction. Recalling that Article 25 requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee expresses the hope that measures will be taken with a view to revising the existent penal provisions, e.g. on the occasion of the future revision of the Penal Code, so as to reinforce the applicable sanctions for the illegal exaction of forced or compulsory labour, e.g. by including a possibility of imprisonment in the appropriate cases. Pending the adoption of such measures, the Committee requests the Government to provide information on any legal proceedings which have been instituted as a consequence of the application in practice of section 75 of the Employment Ordinance (Cap. 30) and relevant sections of Part XVI of the Penal Code, as well as on the penalties imposed, supplying copies of relevant court decisions.