Forced Labour Convention, 1930 (No. 29) - Cook Islands (Ratification: 2015)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(1), 2(1) and 25 of the Convention. Prohibition of forced labour, trafficking in persons and penalties. In response to its previous comments concerning the prevalence of trafficking in persons in the country, the Committee notes the Government’s information in its report that there is no official data on the phenomenon of trafficking in the country and no recorded official cases of forced labour either through the police, the Ministry of Internal Affairs or other Government agencies.

With regard to the provisions prohibiting forced labour, including trafficking in persons, the Government refers to the Crimes Amendment Act of 2004. The Committee takes due note that section 109H prohibits trafficking in persons for the purpose of exploitation while “exploitation” includes all forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs (section 109B). The offence of trafficking in persons is punishable with imprisonment not exceeding 20 years or to a fine or to both.

The Committee also notes that the Crimes Bill of 2017 deals specifically with international and domestic trafficking in persons and contains provisions criminalizing the organizing or assisting in trafficking of persons as well as causing the trafficking of another person through coercion and deceit. The Committee requests the Government to continue to provide information concerning the prevalence of forced labour practices in the country, including trafficking in persons, and on the measures taken to prevent them. Please provide information on any progress made in relation to the adoption of the Crimes Bill of 2017.

Articles 1(1) and 2(1). Freedom of civil servants to leave their service. Following its previous comments, the Committee notes that according to section 34 of the Public Service Act of 2009, public employees (including an officer) may terminate their employment at any time after giving four weeks’ notice in writing to the head of the department.

Article 2(2)(b). Civic obligations. In reply to its previous comments concerning any civic obligations undertaken by citizens, the Government indicates that citizens may be called upon to serve on the jury under the Juries Act of 1968.

Article 2(2)(c). Prison labour. With regard to the conditions of prison labour, the Government states that pursuant to section 17 of the Prisons Act of 1967, there exist two types of work programmes for convicted persons, namely the Work Scheme Programme (WSP) and the Work Gang Programme (WGP). The WSP is an opportunity for inmates to earn a small income whilst working outside the prison at a cost of $30 per day, with 60 per cent going to the Crown and the other 40 per cent banked to the inmates’ account. Applications for the WSP require: a request and an application from the inmate along with other health and prison assessment reports. The WGP is designed to assist with the rehabilitation and reintegration of inmates whereby the cash or value of the work completed by inmates shall be paid by the hirer to the prison in food stuffs or cash. The Committee requests the Government to provide a copy of the polices for the Work Scheme Programme and the Work Gang Programme. It also requests the Government to specify whether these programmes involve work for private entities and if it is the case to indicate how it is ensured that prisoners consent to such work.

Article 2(2)(d). Emergency situations. The Committee notes that, in reply to its previous comments concerning legislation regulating cases of emergency, the Government refers to the Disaster Risk Management Act of 2007, which does not raise issues in relation to the application of the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s first report.

Articles 1(1) and 2(1) of the Convention. Prohibition of forced labour, including trafficking in persons. The Committee notes that the legislation under examination, including the Constitution of 1964, the Employment Relations Act of 2012 and the Crimes Act of 1969 do not provide for a comprehensive prohibition nor a definition of forced labour in compliance with the Convention.

The Committee notes the Government’s indication that a Crimes Bill of 2017 is before the Parliament. The Bill will deal with slavery and forced labour as well as human trafficking in Part 17. Specifically, sections 305–306 will address forced labour. The Committee requests the Government to take the necessary measures to incorporate in the Crimes Bill a comprehensive prohibition of forced labour, including trafficking in persons to give effect to the Convention. The Committee also requests the Government to provide information on the phenomenon of trafficking in persons in the Cook Islands, indicating the measures in this regard.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. The Committee notes the absence of information regarding the freedom of civil servants to leave their service. The Committee requests the Government to provide information on the manner in which civil servants can resign voluntarily from their service and to provide a copy of the relevant legislation in this regard.

Article 2(2)(b). Civic obligations. The Committee notes an absence of information on this point. The Committee requests the Government to indicate the nature of the civic obligations that citizens may be requested to perform, providing copies of the relevant legislation in this regard.

Article 2(2)(c). Prison labour. The Committee notes an absence of information on this point. The Committee requests the Government to provide information on the work of convicted persons, indicating whether they may perform labour for private individuals, companies or associations, and if so, under what conditions. The Committee also requests the Government to supply the relevant legislation regulating such work.

Article 2(2)(d). Emergency situations. The Committee notes an absence of information on this point. The Committee requests the Government to indicate the legislation regulating cases of emergency. It also requests the Government to indicate the guarantees provided to ensure that the power to call up labour in such cases 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 notes an absence of information on this point. The Committee requests the Government to indicate whether any labour or service may be required as minor communal services from members of the community and the conditions under which such work or service is fulfilled. Please provide a copy of the relevant legislation in this regard.

Article 25. Penalties for the exaction of forced labour. The Committee notes that under section 109(1) of the Crimes Act, the act of selling, purchasing, transferring and hiring – among others – a person as a slave and the act of inducing a person into debt bondage or serfdom is punishable with imprisonment for a term not exceeding 14 years. The Committee notes the Government’s indication that that there have been no recorded official cases of forced labour either through the police, the Ministry or any other government agencies.

The Committee further notes the Government’s indication that sections 305–306 of the Crimes Bill will address forced labour.

The Committee recalls that Article 25 of the Convention provides that the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced. The Committee hopes that, within the framework of the adoption of the Crimes Bill, the Government will take the necessary measures to incorporate in it a comprehensive provision providing for penalties for the offence of forced labour and trafficking in persons for both labour and sexual exploitation and that the penalties imposed will be really adequate and strictly enforced. Please provide information on the progress made in this regard.