Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Minimum Age Convention, 1973 (No. 138) - Solomon Islands (Ratification: 2013)

Article 1 of the Convention. National policy for the elimination of child labour and application in practice. The Committee previously noted that a national action plan to eliminate child labour was proposed by stakeholders at the National Child Labour Forum conducted by the ILO’s Pacific Sub-regional Child labour and Trafficking Programme in the country in 2014, and requested the Government to provide information on any progress made in this regard. The Committee also noted that the Department of Labour was moving towards establishing a Labour Advisory Board with the objective of revising the labour legislation. The Committee notes the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) that, due to under-staffing in the Labour division, little progress has been made towards the adoption of the national plan to address child labour. The Committee also notes that the Government indicates in its report that the proposed plan needs to be revised in light of new emerging issues taking into consideration the views of other stakeholders. The Committee further notes the Government’s indication that the Labour Advisory Board has been established and that it is undertaking the review of the labour legislation, for which the Government is planning to request ILO technical assistance. The Committee notes that according to UNICEF Statistics, as of 2015, the percentage of children aged 5 to 17 years old engaged in child labour was 17.9 per cent. While noting the absence of a national policy aimed at ensuring the elimination of child labour, the Committee once again requests the Government to take the necessary measures, without delay, to adopt, a national action plan to combat and progressively eliminate child labour, taking into consideration the views of the different stakeholders involved in its development.

Article 2(1) and (5). 1. Minimum age for admission to employment or work. The Committee previously noted that section 47 of the Labour Act (Cap 73, 1996 edition), a child under the age of 15 years shall not be employed or work in any industrial undertaking or in any branch thereof, except in employment approved by the Minister; or on any ship. In this regard, the Committee requested the Government to indicate whether the Minister has made any approval of employment or work by children under the age of 14 (minimum age for admission to employment in the country). The Committee notes the Government’s indication that the Minister or commissioner has not made any such approval for a formal employment since all formal employment entry requirement is that the employed person is 18 years of age and above. The Committee requests the Government to provide information on the measures taken to ensure that no person under the specified minimum age (14) may be admitted to employment or work in any occupation whatsoever. While noting that a review of the labour legislation is in progress, the Committee requests the Government to indicate whether, in the process of such review, consideration has been made to raise the minimum age for admission to employment or work; or to indicate whether its reasons for keeping the minimum age of 14 subsist.

2. Scope of application and labour inspectorate. Children working in the informal economy. The Committee previously noted the Government’s indication that its labour inspection system is in charge of monitoring issues pertaining to the Convention and requested the Government to provide information on the number of inspections carried as well as on the number of violations detected with regard to the employment of children and young persons, including penalties imposed. The Committee also noted from the ILO project documentation report of April 2015 that stakeholders lacked the capacity to implement the convention. The Committee notes that, according to the ILO Rapid Assessment of Children in Child Labour in Honiara, Solomon Islands published in 2016, 118 out of 172 working children interviewed for the assessment were working mainly in the urban informal sector, some of them in work considered as hazardous. Over one quarter of the children interviewed who were working in the informal sector were below the age of 14 years. In addition, the Committee notes, that, according to the 2017 UNICEF Report Situation Analysis of Children in Solomon Islands, children in the Solomon Islands are involved in a range of different forms of work, including working on buses and selling food at markets. The Report further indicates that the primary areas where the exploitation of children is visible are agriculture, fishing, forestry, mining, construction, domestic work, scavenging, and street crime (pages 96 and 97). The Committee requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to effectively detect cases of child labour, particularly in sectors where the prevalence of child labour is high. In this regard, the Committee requests the Government to provide information on the number of inspections carried out, the number and nature of violations detected and penalties applied. The Committee also requests the Government to take the necessary measures to ensure that all children under 14 years of age, particularly children working on their own account or in the informal economy, benefit from the protection laid down by the Convention, and to provide information in this respect.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the 1978 Education Act establishes that the minimum age for entry into school (6 years) but does not specify the age of completion of compulsory education. The Committee thus urged the Government to take the necessary measures to ensure compulsory education up to the minimum age for admission to employment (14 years). The Committee notes that the Government indicates that a draft Education Bill has been prepared with the aim of ensuring compulsory education for children between 6 and 14 years of age. The Committee encourages the Government to continue to take the necessary measures to ensure that a new Education Bill providing for compulsory education of children up to the minimum age for admission to employment or work is adopted. The Committee requests the Government to provide a copy of the Bill once adopted.

Article 3(3). Admission to hazardous work from the age of 16. The Committee previously noted that section 49 of the Labour Act prohibits employing children under 18 years of age to work during the night; underground in mines, and on ships as trimmers or stoker, with the exception of male children who have attained the age of sixteen and are medically fit to carry out such types of work. While recalling that Article 3(3) of the Convention requires that one of the requirements to authorize that children over 16 years of age undertake hazardous work is to provide them specific instruction or training in the relevant branch of activity, the Committee requested the Government to take the necessary measures to ensure compliance with this requirement. The Committee notes that, in response to this request, the Government indicates that the National Trade Training and Testing Unit of the Labour Division is the entity responsible to ensure that all persons who intend to undertake hazardous work receive the necessary training. The Committee requests the Government to provide information on the number of children who have received training as a condition to carry out hazardous work, indicating their ages and the respective branch of activity.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. In its previous comments, the Committee noted that section 46 of the Labour Act permits children, under the age of 12, to be employed by and in company with their parents or guardian in light work of an agricultural, domestic or other character provided that it has been approved by the Commissioner of Labour. Recalling the conditions for light work of children in the Convention, the Committee requested the Government to take the necessary measures to bring its national legislation in conformity with the Convention and to indicate the measures taken or envisaged to determine light work activities and the conditions upon which children of 12 years and above can undertake such activities. The Committee notes that the Government replies to its request indicating that this subject will be considered during the process of review of the labour legislation. The Committee expresses the firm hope that the revised labour legislation will establish 12 years of age as the minimum age for children allowed to undertake light work, subject to the conditions indicated in Article 7(1) of the Convention, namely that the work is not likely to be harmful to their health or development; and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also requests the Government to provide information on the measures taken to determine light work activities permitted to children from 12 to 14 years of age, as well as the number of hours during which and the conditions in which such employment or work may be undertaken

Article 8. Artistic performances. The Committee previously noted that the national legislation does not regulate the work of children in relation to artistic performances and requested the Government to indicate whether, in practice, children under 14 years of age participate in artistic performances and, if so, to regulate this participation in conformity with Article 8 of the Convention. The Committee notes that the Government has not provided information in this regard. The Committee once again requests the Government to indicate whether, in practice, children under 14 years of age participate in artistic performances and, if so, to provide information on the measures taken, in consultation with the organisations of employers and workers concerned, to regulate the participation of children under 14 years of age in artistic performances, including information on the establishment of a system of permits that indicate the number of hours and conditions for this type or activity.

Article 9(1). Penalties. The Committee previously noted that section 52 of the Labour Act lays down a financial penalty of SBD5,000 (approximately US$636) for persons who contravene the provisions concerning the employment of children and young persons and requested the Government to provide information on the application of this penalty in practice. The Committee notes that the Government has not indicated any case where a penalty for violation of the provisions of the Labour Act regarding employment of children and young persons has been imposed. The Committee requests the Government to provide information on the practical application of section 52 of the Labour Act, including the type of violations of the provisions on the employment of children and young persons, and the number of penalties imposed.

Noting that the Labour Advisory Board has been established and that it is undertaking the review of the labour legislation, the Committee hopes that its comments on discrepancies between national legislation and the Convention will be taken into account during this review. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.