Falkland Islands (Islas Malvinas)
2013 Findings on the Worst Forms of Child Labor
In 2013, the Falkland Islands made no advancement in efforts to prevent the worst forms of child labor. Although no information suggests that the worst forms of child labor are a problem, the Government appears to lack a complete preventive legal framework to protect all children from trafficking for the purposes of labor exploitation. It also is unclear whether the Falkland Islands have established a more comprehensive list of hazardous work prohibited to children, and whether the use of children in illicit activities is prohibited. This leaves children vulnerable to the worst forms of child labor.
British Overseas Territories (OTs) are territories under the jurisdiction and sovereignty of the United Kingdom (UK), but they do not form part of the UK. They are self-governing, except in the areas of foreign affairs and defense. Domestic UK Law does not generally apply to OTs, unless explicitly extended.(3)
The following conventions have been extended to the Falkland Islands (Table 1).
|ILO C. 138, Minimum Age|
|ILO C. 182, Worst Forms of Child Labor||✅|
|UN CRC Optional Protocol on Armed Conflict|
|UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography|
|Palermo Protocol on Trafficking in Persons|
The Government has established relevant laws and regulations related to child labor, including its worst forms (Table 2).
|Minimum Age for Work||Yes||16||Falkland Islands Employment of Children Ordinance (4)|
|Minimum Age for Hazardous Work||Yes||18||Falkland Islands Employment of Children Ordinance (5, 6)|
|List of Hazardous Occupations Prohibited for Children||Yes||United Kingdom Employment of Women, Young Persons, and Children Act (2, 5-7)|
|Prohibition of Forced Labor||Yes||Falkland Islands Constitution Order 2008 (8)|
|Prohibition of Child Trafficking||Yes||Sexual Offenses Act (9)|
|Prohibition of Commercial Sexual Exploitation of Children||Yes||Sexual Offenses Act (9)|
|Prohibition of Using Children in Illicit Activities||No|
|Minimum Age for Compulsory Military Recruitment||N/A*|
|Minimum Age for Voluntary Military Service||Combat: No Non-Combat: Yes||18 16||UK Armed Forces Act 2006 (10-12)|
|Compulsory Education Age||Yes||16||Education Amendment Ordinance of 2008;Falkland Islands Constitution Order of 2008 (5, 8, 13)|
|Free Public Education||Yes||Education Amendment Ordinance of 2008 (5, 13)|
*No conscription or no standing military
The UK Employment of Women, Young Persons, and Children Act makes it illegal to employ children in work that exposes them to physical, psychological, or sexual abuse. The Act protects children from work that is underground, underwater, at dangerous heights, or in confined spaces, as well as from work that requires using dangerous machinery, equipment, or tools without training and supervision, and prohibits work at night in any industry.(7) No information was found on whether the Government has developed a more comprehensive list of hazardous occupations prohibited to children, or if the law explicitly prohibits the use of children in illicit activities.(14, 15)
Although child trafficking has not been identified as having occurred in the Falkland Islands, the law does not appear to protect children, specifically young persons older than 16, from internal and cross-border trafficking for the purposes of labor exploitation.(8, 9, 15)
The UK Government has introduced systems to track ages and locations of individual soldiers, with the aim of preventing under 18s from being deployed into hostilities. Deployment of members of the armed forces who have not yet reached 18 years is permitted when there is a genuine need and the situation is urgent.(11, 12, 16, 17).
As there is no evidence of a problem, there appears to be no need for enforcement actions to address child labor, including its worst forms, in the Falkland Islands.
As there is no evidence of a problem, there appears to be no need for coordinating mechanisms to address child labor, including its worst forms, in the Falkland Islands.
As there is no evidence of a problem, there appears to be no need for policies to address child labor, including its worst forms, in the Falkland Islands.
As there is no evidence of a problem, there appears to be no need for social programs to address child labor, including its worst forms, in the Falkland Islands.
Based on the reporting above, suggested actions are identified that would advance the continued prevention of child labor, including its worst forms, in the Falkland Islands (Table 3).
Table 3. Suggested Government Actions to Prevent Child Labor, Including its Worst Forms