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Falkland Islands (Islas Malvinas)


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2012 Findings on the Worst Forms of Child Labor

For the 2012 reporting period, no assessment has been made regarding the Falkland Islands’ efforts to advance the elimination of the worst forms of child labor because this 2012 report is the first year suggested actions are included for the Falkland Islands. Although there is no evidence of a problem in the territory, the Government does not have a sufficient legal framework to protect all children from human trafficking for the purposes of labor exploitation.

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Learn More: Findings on the Worst Forms of Child Labor | Previous Reports:



Prevalence and Sectoral Distribution of the Worst Forms of Child Labor

There is no evidence that children in the Falkland Islands are engaged in the worst forms of child labor.(1)



Laws and Regulations on the Worst Forms of Child Labor

The Falkland Islands Employment of Children Ordinance prohibits the employment of children younger than age 16. It also makes it illegal to employ children ages 16 to 18 during school hours; if the work may harm their health, safety, or morals; or if the work involves lifting, carrying, or moving items that may injure them.(1)The United Kingdom 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. It also protects children from work that is underground; underwater; at dangerous heights or in confined spaces; or that requires the use of dangerous machinery, equipment, or tools without training and supervision.(1, 2)Children younger than age 18, including those who have completed compulsory schooling, may not work at night in any industry.(2, 3)No information was found on whether the Government has developed a more comprehensive list of hazardous occupations prohibited to children

The Falkland Islands Constitution Order 2008 prohibits slavery and forced labor.(4)The Sexual Offenses Act prohibits procuring a child under 18 for prostitution, or causing or inciting a child under 18 to engage in prostitution or pornography. The Act also makes it a crime to take, show, or possess indecent images of children.(5)The Child Abduction Act of 1984 makes it a crime to take or send a minor under 16 out of the country without parental or guardian consent.(5, 6)

The Sexual Offenses Act prohibits both internal and cross-border trafficking of persons for the purposes of sexual exploitation. However, it is unclear whether the law similarly protects children, particularly those older than 16, from internal and cross-border trafficking for labor exploitation.(5)

Defense in the Falkland Islands is the responsibility of the United Kingdom. There is no military conscription, and the minimum age for voluntary military recruitment is 16.(7, 8)

The Education Amendment Ordinance of 2008 makes education free and compulsory to age 16.(1, 9)



Institutional Mechanisms for Coordination and Enforcement

Since there is no evidence of a problem, there appears to be no need for a coordinating mechanism to address the worst forms of child labor.



Government Policies on the Worst Forms of Child Labor

Since there is no evidence of a problem, there appears to be no need for policies to address the worst forms of child labor.



Social Programs to Eliminate or Prevent the Worst Forms of Child Labor

Since there is no evidence of a problem, there appears to be no need for programs to address the worst forms of child labor.



Based on the reporting above, the following actions would advance the elimination of the worst forms of child labor in the Falkland Islands:

Area

Suggested Actions

Year(s) Action Recommended

Laws and Regulations

Ensure that the list of hazardous activities prohibited to children is comprehensive.

2012

Ensure the law protects all children under 18 from trafficking for any purpose, including labor exploitation.

2012

 

 



1. UN Committee on the Rights of the Child. Implementation of the Convention on the Rights of the Child: Overseas Territories and the Isle of Man: Responses to the list of issues raised in connection with the consideration of the third and fourth periodic report of the United Kingdom of Great Britain and Northern Ireland. Geneva; 2008. Report No. CRC/C/GBR/4. http://www2.ohchr.org/english/bodies/crc/docs/AdvanceVersions/CRC.C.GBR.Q.4.Add.2.doc.

2. U.S. Embassy- London. reporting, January 16, 2009.

3. Government of the United Kingdom. Employment of Women, Children and Young Persons Act, enacted 1920.

4. Government of the United Kingdom of Great Britain and Northern Ireland. South Atlantic Territories: The Falkland Islands Constitution Order 2008, enacted November 5, 2008. http://www.legislation.gov.uk/uksi/2008/2846/pdfs/uksi_20082846_en.pdf.

5. ILO Committee of Experts. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Falkland Islands (Malvinas) Published: 2012; accessed March 5, 2013; http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO::P13100_COMMENT_ID,P11110_COUNTRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:2700646,103639,Falkland%20Islands%20(Malvinas),2011.

6. United Kingdom. Child Abduction Act, enacted 1984. http://www.legislation.gov.uk/ukpga/1984/37/pdfs/ukpga_19840037_en.pdf.

7. Central Intelligence Agency. The World FactBook: Falkland Islands; accessed https://www.cia.gov/library/publications/the-world-factbook/geos/fk.html.

8. Child Soldiers International. "Appendix II: Data Summary on Recruitment Ages of National Armies," in Louder than Words: An Agenda for Action to End State Use of Child Soldiers. London; September 2012; http://www.child-soldiers.org/global_report_reader.php?id=562.

9. Government of the Falkland Islands. Education, [previously online] [cited February 13, 2012]; http://www.falklands.gov.fk/Education.html [source on file].