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Territories and Non-Independent Countries

There is limited information regarding the extent and nature of child labor and the quality and provision of education in non-independent countries and territories eligible for GSP, AGOA, and CBTPA benefits.  These countries and territories generally are not eligible to become members of the ILO, so ILO Conventions 138 and 182 do not apply to any of them.[4357] Territories are subject to laws of the sovereign country.

Anguilla (territory of the United Kingdom)

Statistics on the number of working children under the age of 15 in Anguilla are unavailable.[4358]  Information is unavailable on the incidence and nature of child labor. Primary education is compulsory from the ages of 5 to 11 years.[4359]  In 2002, the gross primary enrollment rate was 99.0 percent, and the net primary enrollment rate was 97.0 percent.[4360]  Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance.  Recent primary school attendance statistics are not available for Anguilla.  According to the population Census 2001 there was a small number of children below the age of 15 years not attending school due to severe physical or mental disabilities.  The Special Needs Department of the Ministry of Education promotes activities to expand access to education for these children.[4361] The Government of Anguilla is collaborating with UNESCO and the OECS to develop an Education for All plan that aims to raise educational achievement levels, improve access to quality special education services, provide human resource training for teachers and education managers, promote curriculum standardization, and increase the emphasis on social education and the involvement of teachers in educational planning.[4362]

British Virgin Islands (territory of the United Kingdom)

Statistics on the number of working children under the age of 15 in the British Virgin Islands are unavailable,[4363] but children reportedly work occasionally during the afternoons and on weekends in family-owned businesses, supermarkets, and hotels.[4364]  Under the Education Ordinance, children must attend school until the age of 14.[4365] In 2002, the gross primary enrollment rate was 109 percent, and the net primary enrollment rate was 94 percent.[4366]  Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance.  Recent primary school attendance statistics are not available for the British Virgin Islands.  The Labor Standards set the minimum age for employment at 14 years.[4367]  The government has set up a Complaints Commission to handle complaints of violations of children’s rights.[4368]

Christmas Island (territory of Australia)

Statistics on the number of working children under the age of 15 on Christmas Island are unavailable.  Information is also unavailable on the incidence and nature of child labor. Western Australian State education and child welfare laws apply to Christmas Island.  Education is free and compulsory between the ages of 6 and 15.  The Western Australian Child Welfare Act of 1974 prohibits the employment of children aged 15 years during school hours and between 9:30 p.m. to 6:00 a.m.  Causing, permitting or seeking to induce a child under the age of 18 years to act as a prostitute or participate in pornographic performances is prohibited under Western Australian law.  Slavery and sexual servitude are also prohibited and punishable under federal Australian law.[4369]

Cocos (Keeling) Islands (territory of Australia)

Statistics on the number of working children under the age of 15 on Cocos (Keeling) Islands are unavailable, as is information on the nature of child labor.  Western Australian State child welfare laws apply to Cocos (Keeling) Island.  Education is free and compulsory between the ages of 6 and 15.  The Child Welfare Act of 1974 prohibits the employment of children aged 15 years during school hours and between 9:30 p.m. to 6:00 a.m.  Causing, permitting or seeking to induce a child under the age of 18 years to act as a prostitute or participate in pornographic performances is prohibited.  Slavery and sexual servitude are also prohibited and punishable under Federal law.

Both Federal and Western Australian (W.A.) criminal laws, which are enforced by the Australian Federal Police, apply to Cocos (Keeling) Islands.[4370] 

Cook Islands (self-governing state in free association with New Zealand)

Statistics on the number of working children under the age of 15 in the Cook Islands are unavailable,[4371] but children are reported to help with family agricultural activities, work as performers on a part-time basis in cultural dance groups, and work in shops.[4372]  According to the Education Act, education is compulsory and free for children between the ages of 5 and 15 years.[4373]  In 2000, the gross primary enrollment rate was 96 percent, and the net primary enrollment rate was 85 percent.[4374]  Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not  necessarily reflect actual school attendance.  Recent primary school attendance statistics are not available for the Cook Islands.

The Industrial and Labor Ordinance of 1964 prohibits the employment of children under the age of 16 between the hours of 6 p.m. and 7 a.m. and on Sundays and holidays.  Children under the age of 18 may not work in dangerous occupations, unless they have been trained to handle dangerous machinery.  The Labor and Consumer Affairs Division of the Ministry of Internal Affairs is responsible for monitoring the implementation of child labor laws.[4375]

Falkland Islands (territory of the United Kingdom)

Statistics on the number of children working under the age of 15 are unavailable.[4376] According to the Government of the Falkland Islands, in 2002—the most recent year a report from the government was received—there  were no children below compulsory school age working full time and there have been no recent cases involving the commercial sexual exploitation of children.[4377]  In addition, the Foreign Office of the United Kingdom received no reports or complaints of child labor violations in 2004.[4378]  Education is free and compulsory from 5 years of age until the end of the academic year when a child reaches 16 years of age.  In 2002, the government reported that all children between the ages of 5 and 16 in the Falkland Islands were enrolled in the education system.[4379] Enrollment is based on the number of students formally registered in primary school and therefore does not necessarily reflect actual school attendance. Recent primary school attendance statistics are not available for the Falkland Islands.

The Employment of Children Ordinance prohibits the employment of children under the age of 14. Children 16 and under cannot work during school hours, before 7 a.m. or after 7 p.m. on any day, for more than 2 hours on a school day or on Sundays.[4380]  The Employment of Women, Young Persons and Children Ordinance of 1967 prohibits children under the age of 18 from working in industrial establishments.[4381] 

The sale, trafficking, and abduction of children under the age of 16 years is an offense in the Falkland Islands. The United Kingdom’s Sexual Offenses Act of 1956 also prohibits the sale, trafficking, and abduction of children between the ages of 16 and 18 years.[4382]  The government is not currently implementing any policies or programs to address child labor, as this is not perceived to be a problem, because of the 100 percent school enrollment rate and the restrictions on employment in the Children’s Ordinance.[4383]  The government has yet to establish an independent mechanism to review complaints from children concerning violations of their rights under the Convention on the Rights of the Child.[4384] 

Gibraltar (territory of the United Kingdom)

Statistics on the number of working children under the age of 15 in Gibraltar are unavailable.[4385]  According to the Government of Gibraltar, there were no reports of child prostitution in the territory.[4386] In addition, the Foreign Office of the United Kingdom received no reports or complaints of child labor violations in 2004.[4387]  Information on the incidence and nature of other forms of child labor is unavailable. Education is free and compulsory between the ages of 4 and 15 years.[4388]  Procuring a girl under 18 years of age, permitting a girl under 13 years of age to use premises for intercourse, and causing or encouraging prostitution of a girl under 16 years of age are illegal.[4389]  Slavery, servitude, and forced labor are prohibited under the Gibraltar Constitution Order of 1969.[4390]  The Employment and Training Ordinance prohibits the employment of children under the age of 15 years in any industrial undertaking, and from working at night or underground.[4391]  Labor Inspectors are responsible for ensuring compliance with the Employment Ordinance.[4392]  The Convention on the Rights of the Child has not yet been extended to include Gibraltar.[4393]

Heard Island and MacDonald Islands (territory of Australia)

Heard and McDonald Islands are uninhabited sub-Antarctic islands managed by the Government of Australia's Antarctic Division.  There are no children resident on Heard and McDonald Islands. 

Montserrat (territory of the United Kingdom)

Statistics on the number of working children under the age of 15 in Montserrat are unavailable.[4394]  Information is also unavailable on the incidence and nature of child labor.  However, the Foreign Office of the United Kingdom received no reports or complaints of child labor violations in 2004.[4395]  The government has yet to establish an independent mechanism to review complaints from children concerning violations of their rights under the Convention on the Rights of the Child.[4396]  Education is compulsory for children between the ages of 5 and 16, and free up to the age of 17.[4397]  Primary school enrollment and attendance rates are unavailable for Montserrat.  The incidence of truancy and the number of drop-outs from school is increasing.[4398]

Niue (self-governing state in free association with New Zealand)

Statistics on the number of working children under the age of 15 in Niue are unavailable.[4399] Information is also unavailable on the incidence and nature of child labor.  Education is compulsory from 5 to 16 years of age.[4400]  In 2002, the gross primary enrollment rate was 118 percent, and the net primary enrollment rate was 97 percent.[4401]  Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance.  Recent primary school attendance statistics are not available for Niue.

Norfolk Island (jointly-governed Australian Territory)

Statistics on the number of working children under the age of 15 on Norfolk Island are unavailable, as is information on the nature of child labor.  Norfolk Island is a self-managing territory that shares legislative power with the Government of Australia on a range of issues, including education and labor relations.  Education is free and compulsory between the ages of 5 and 15.  Norfolk Island's Employment Act of 1988 prohibits the employment of children under the age of 15 years during school hours and between the hours of 11:00 p.m. and 6:00 a.m.  Slavery and sexual servitude are also prohibited and punishable under Australian Federal law.[4402]

Pitcairn Islands (territory of the United Kingdom)

In 2002, the Government of Pitcairn Islands reported that there were no working children in the territory.[4403]  Children under the age of 15 are prohibited from engaging in paid government work.[4404]  Education is free and compulsory between the ages of 5 and 15.[4405]  In 2002, the net primary enrollment rate was 100 percent.[4406]  Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance.  Recent primary school attendance rates are not available for the Pitcairn Islands.  Under the Summary Offences Ordinance, a parent or guardian who does not ensure the regular attendance of their child at school can be fined up to NZD 25 (USD 15.80).[4407] 

Saint Helena (territory of the United Kingdom)

In 2000, the Government of St. Helena reported that there were no working children in the territory.[4408]  The minimum age for employment is 15 years.[4409]  Education is free and compulsory between the ages of 5 and 15.[4410]  Primary school enrollment and attendance rates are unavailable for Saint Helena.

Tokelau

Statistics on the number of working children under the age of 15 in Tokelau are unavailable.[4411]  Information is also unavailable on the incidence and nature of child labor.  Education is compulsory between the ages of 5 and 16 years.[4412]  Primary school enrollment and attendance rates are unavailable for Tokelau.

Turks and Caicos Islands (territory of the United Kingdom)

Statistics on the number of working children under the age of 15 in the Turks and Caicos Islands are unavailable.  Information is also unavailable on the incidence and nature of child labor.  Nine years of basic education is provided by the government to children between the ages of 6 and 14.[4413]  In 2002, the gross primary enrollment rate was 101 percent, and the net primary enrollment rate was 88 percent.[4414]  Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance.  Recent primary school attendance statistics are not available for the Turks and Caicos Islands.  Procurement of any girl under the age of 21 to have unlawful sexual intercourse is illegal and punishable with imprisonment for two years.[4415]

West Bank and Gaza Strip (Occupied Territories Subject to the Jurisdiction of the Palestinian Authority)

During January through March 2003, the Palestinian Central Bureau of Statistics estimated that less than 1 percent of children ages 10 to 14 were working in West Bank and Gaza.[4416] The survey estimated that 46.1 percent of working children are employed in agriculture, fishing, and forestry, while 6.6 percent are employed in construction. Two-thirds of working children are employed as unpaid family members, while 28.1 percent are employed as wage employees outside the home.  The survey also reported that 7.6 percent of working children were exposed to injury or chronic disease during their work.[4417]  There are also reports that children and adolescents have been used by Palestinian armed groups.[4418]

Education is compulsory through grade nine.[4419]  For the academic year 2003-2004, the gross primary enrollment rate was 88.3 percent in the West Bank and 96.3 percent in Gaza, while the net enrollment rate was 83.3 percent in the West Bank and 91.1 percent in Gaza.[4420]  Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance.  Recent primary school attendance statistics are not available for the West Bank and Gaza Strip. Although gross and net enrollment rates are high, many girls marry early and do not complete the mandatory level of schooling, and in rural areas and refugee camps, boys often drop out of school early to help support their families.[4421]  Closures and extended periods of curfew limited children’s and teachers’ access to schooling, and student learning was reported to be negatively affected by the violent security situation.[4422]  The violence resulted in the cancellation of classes in areas under curfew,[4423] delays in school construction and sharp declines in teaching time due to problems with teacher attendance.[4424]  In 2001, the Israeli government agreed to build a number of new classrooms in East Jerusalem to alleviate problems of overcrowding. By the end of 2003, 30 had been completed and an additional 36 were under construction.[4425]

The minimum age for work in the West Bank and Gaza is 15 years, and there are restrictions on the employment of children between the ages of 15 and 18. The restrictions include prohibitions against night work, work under conditions of hard labor, or jobs that require them to travel outside their domicile.[4426]  The Palestinian Authority is responsible for enforcing the area’s labor laws; however, with only 40 labor inspectors for an estimated 65,000 enterprises, the Authority has limited capacity to enforce labor laws.[4427]  There is no law specifically prohibiting trafficking in persons, but no trafficking incidents have been reported.[4428]

The Child Rights Charter, passed by the Palestinian Legislative Council, is in effect to protect and guarantee the rights of children in West Bank and Gaza.  Under this charter investigations into allegations of recruiting and exploiting children in armed operations are required, and those responsible for such activities are to be tried in a court of law.[4429]

The Palestinian Authority is working with the ILO and UNICEF to improve child labor laws and enforcement, and to conduct a study to determine the extent and nature of child labor in the West Bank and Gaza Strip.[4430]  In partnership with the Palestinian National Authority’s Ministry of Education and Higher Education, UNICEF is conducting a campaign to help 10,000 children return to school.  Assistance includes provision of uniforms and school supplies, teacher training, and a media campaign to promote education.[4431] 

Western Sahara

Statistics on the number of working children under the age of 15 in Western Sahara are unavailable, and child labor does not seem to be a problem.[4432]  Residents of Western Sahara are subject to Moroccan labor laws that set the minimum age for employment at 15 years.[4433]  Forced labor is prohibited under Moroccan law, and a new law was passed in 2003 that imposes fines and prison terms against those involved in trafficking in persons.[4434]  Education is compulsory for 8 years.[4435]  Information regarding government policies and programs to eliminate the worst forms of child labor in Western Sahara is unavailable.

Other Territories and Non-Independent Countries

Information on the incidence and nature of child labor, child labor laws and legislation, and government polices and programs to eliminate the worst forms of child labor is unavailable for the following territories and non-independent countries:  British Indian Ocean Territory (territory of the United Kingdom),  and Wallis and Futuna (territory of France).

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