Abolition of Forced Labour Convention, 1957 (No. 105) - Cook Islands (Ratification: 2015)

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system.The Committee once again requests the Government to supply a copy of the Prisons Act 1967 as well as any regulations concerning prison labour. Please indicate whether convicted prisoners are under the obligation to perform work. The Committee also requests the Government to provide a copy of legislation governing the press and other media as well as political parties.

Article 1(c). Punishment for breaches of labour discipline. 1. Disciplinary measures applicable to civil servants. With regard to its previous comments concerning disciplinary measures applicable to civil servants, the Committee notes that the Government refers to the Code of Conduct Policy of 2014. This policy provides guidance on standards of conduct required across the public sector and complements the Public Service Code of Conduct and duty to act as a good employer, as legislated in the Public Service Act 2009. The Committee notes that according to this policy, any breaches or misconduct by employees shall lead to disciplinary action, including verbal or written warnings or dismissals.

2. Disciplinary measures applicable to seafarers. Following its previous comments, the Committee notes the Government’s information that the labour rights of seafarers are governed by the Employment Relations Act of 2012 which establishes penalties of fines in case of violations.

Article 1(d). Penal sanctions involving compulsory labour for having participated in strikes. The Committee notes the Government’s information that the Employment Relations Act is the only legislation that regulates trade union activities and that it does not regulate the right to strike.

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

The Committee notes the Government’s first report.

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to supply, with its next report, a copy of the Prisons Act as well as copies of the legislation in force in the following fields: laws governing the press and other media; and laws governing political parties.

Article 1(c). Punishment for breaches of labour discipline. 1. Disciplinary measures applicable to civil servants. The Committee requests the Government to supply copies of legislative texts governing civil servants’ obligations, to enable it to assess the nature of disciplinary measures that may be imposed on employees.

2. Disciplinary measures applicable to seafarers. The Committee requests the Government to provide a copy of the law governing the conditions of employment of merchant seafarers, indicating the disciplinary sanctions that may be applied to them.

Article 1(d). Penal sanctions involving compulsory labour for having participated in strikes. The Committee observes an absence of information in the Government’s report on legislation prohibiting the imposition of forced labour as a punishment for having participated in strikes. It therefore requests the Government to supply a copy of the law regulating trade union activities and the exercise of the right to strike.