Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Vanuatu (Ratification: 2006)

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. 1. Sale and trafficking of children. The Committee notes that according to section 34(1) of the Counter Terrorism and Transnational Organised Crime Act of 2005, it is an offence for any person to engage in the trafficking in persons. Section 35 of the Counter Terrorism and Transnational Organised Crime Act further makes it an offence to engage in the trafficking of a child or arranging for the trafficking of a child under the age of 18 years which is punishable with imprisonment for a term of not more than 15 years or a fine of not more than VT 75 million or both (1USD is 97 VT). As per section 2(1) of the of the Counter Terrorism and Transnational Organised Crime Act, trafficking in persons means the recruitment, transportation, transfer, harbouring or receipt of persons for the purpose of exploitation. The term “exploitation” according to section 2(1) includes all forms of sexual exploitation (including sexual servitude and exploitation of another person’s prostitution) forced labour or services, slavery or practices similar to slavery or servitude. The Committee requests the Government to provide information on the application of the Counter Terrorism and Transnational Organised Crime Act, in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Slavery, debt bondage, forced or compulsory labour. The Committee notes that article 5(1)(e) of the Constitution recognizes the right to freedom from inhuman treatment and forced labour. Further, according to section 7(1) of the Employment Act of 1983, as amended up to 2001, no person shall exact, procure or employ forced or compulsory labour.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that according to section 101B of the Penal Code any person who, by any means, causes or induces a child (defined as a person under the age of 18 years according to section 101A) to participate in an act of child prostitution or participates as a client with a child in an act of child prostitution shall be punished with imprisonment for 10 years, and if the child is less than 14 years, to imprisonment for 14 years. Section 101C of the Penal Code further provides for penalties to any person who obtains benefit from child prostitution.

With regard to child pornography, the Committee notes that section 101D of the Penal Code penalizes any person who uses, causes or procures a child for pornographic purposes. For the purposes of this section, a child is said to be used by a person for pornographic performances if the child is engaged in an activity of sexual nature or for the purpose of production of pornography, or the child is in the presence of another person engaged in such an activity for that purpose.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 2 of the Dangerous Drugs Act of 1939 as amended in 1989 prohibits the sale, supply or possession of dangerous drugs and substances. According to section 30 of the Penal Code any person who aids, counsels or procures the commission of a criminal offence shall be guilty as an accomplice and may be convicted as a principal offender. The Committee further notes that section 35 of the Penal Code makes it an offence to incite or solicit another person to commit any offence.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that sections 41 and 42 of the Employment Act prohibit the employment of children under the age of 18 years during the night in any industrial undertaking and on any kind of work on a ship. The Committee observes, however, that the national legislation does not appear to establish a minimum age of 18 years for hazardous work nor does it contain a list of hazardous activities or occupations prohibited to children.

The Committee notes the Government’s indication that the tripartite constituents in Vanuatu, through the Tripartite Labour Advisory Council (TLAC) are in the process of adopting the Employment Relations Bill 2012 which would replace the existing Employment Act. The Committee notes that section 105 of the Draft Employment Relations Bill of April 2012, prohibits the engagement of a child under the age of 18 years in any hazardous work or work which by its nature or the circumstances under which it is carried out is likely to jeopardise the child’s health, safety or morals. Section 105(2) of the Bill further provides that the Minister may prescribe by Order the types of hazardous work prohibited to children. The Committee expresses the firm hope that the Employment Relations Bill which contains a provision prohibiting the engagement of children under the age of 18 years in hazardous work, will be adopted in the near future. The Committee also requests the Government to take the necessary measures, without delay, to ensure the adoption of a list of types of hazardous activities prohibited to children under 18 years of age, after consultation with the organisations of employers and workers concerned. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. The Committee notes that the Government report acknowledges the existence of certain types of worst forms of child labour in the country and the necessity to establish a coordinated mechanism to monitor the implementation of the Convention. The Committee notes that according to section 2 of the Employment Act, there shall be a Commissioner of Labour, a deputy commissioner of labour and other labour inspectors for the observance of the provisions of this Act. The Committee requests the Government to provide information on the functioning of the labour inspectorate as well as on any other mechanism established for enforcing the provisions of this Convention. It also requests the Government to provide extracts of the inspection reports and to specify the extent and nature of violations detected involving children and young persons.

Article 6. Programmes of action. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on the measures taken or envisaged to adopt a programme of action to eliminate the worst forms of child labour and to provide information on its implementation.

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 the Education Act No. 21 of 2001 provides for a clear directive for the development and maintenance of an effective and efficient education system. According to section 7 of the Education Act, it is the duty of the parents of children of 6 to 14 years of age, to ensure their attendance at school. Section 35(4) of the Education Act further states that the parents of a child are jointly responsible for all fees due in respect of the child. The Committee, therefore, observes that education in Vanuatu is neither free nor compulsory. The Committee notes that according to UNICEF statistics, the gross enrolment rate at primary level in 2012 was 120 per cent for boys and 114.3 per cent for girls, while the net attendance rate was 80.2 per cent for boys and 81.6 per cent for girls. It also notes that the gross enrolment rate at the secondary level in 2012 was 46.2 per cent for boys and 48.7 per cent for girls and the net attendance rate was 37.5 per cent for boys and 35.9 per cent for girls. Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure access to free basic education and to strengthen the functioning of the education system, including by taking measures to increase the school enrolment, attendance and completion rates, particularly at the secondary level. It requests the Government to provide information on the measures taken in this regard.

Application of the Convention in practice. The Committee notes the Government’s statement that the worst forms of child labour is rare in Vanuatu. The Committee requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour and on the number of children protected by the measures giving effect to the Convention. To the extent possible, all information should be disaggregated by sex and age.