2013 Findings on the Worst Forms of Child Labor
For the 2013 reporting period, no assessment has been made regarding Tokelau's efforts to advance the prevention of the worst forms of child labor because 2013 is the first year suggested actions are included for Tokelau. While there is no evidence of a problem, it is unclear whether the Government has laws prescribing provisions against the worst forms of child labor.
Research found no evidence that child labor exists in Tokelau.
Tokelau is a dependent territory of New Zealand; however, international treaties are applied only with the consent of the Government of Tokelau.(1) New Zealand's ratification of conventions does not apply automatically to Tokelau (Table 1). (2, 3) It is unknown which international treaties Tokelau has consented to.
|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|
New Zealand's laws apply to Tokelau. However, they are implemented complementary to Tokelauan domestic law, which applies to the local level.(2) Research has not indicated whether domestic laws ensure that children under 18 are protected from child labor and its worst forms. There are no armed forces in Tokelau as New Zealand is responsible for Tokelau's defense (Table 2). (3)
|Minimum Age for Work||Unknown|
|Minimum Age for Hazardous Work||Unknown|
|List of Hazardous Occupations Prohibited for Children||Unknown|
|Prohibition of Forced Labor||Unknown|
|Prohibition of Child Trafficking||Unknown|
|Prohibition of Commercial Sexual Exploitation of Children||Yes||Tokelau Crimes, Procedures, and Evidence Rules Act of 2003 (4)|
|Prohibition of Using Children in Illicit Activities||Yes||Tokelau Crimes, Procedures, and Evidence Rules Act of 2003 (4)|
|Minimum Age for Voluntary Military Service||Yes||17||Minimum Entry Requirements- Army Generic Requirements for New Zealand (5)|
|Compulsory Education Age||Yes||16||Article 65 of the Tokelau Crimes, Procedures, and Evidence Rules 2003 (4, 6, 7)|
|Free Public Education||Yes||Government of Tokelau/Legislation name unknown (6, 7)|
No information was found on whether the law establishes a minimum age for employment or engagement in hazardous work in Tokelau.
The Tokelau Crimes, Procedures, and Evidences Rules Act of 2003 prohibit prostitution and illicit activities; however, there is no information on age.(4) It is unknown whether or not children are protected from use in illicit activities or protected from all forms of commercial sexual exploitation.
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 Tokelau.
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 Tokelau.
As there is no evidence of a problem, there appears to be no need for government policies to address child labor, including its worst forms, in Tokelau.
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 Tokelau.
Based on the reporting above, a suggested action is identified that would advance the continued prevention of child labor, including its worst forms, in Tokelau (Table 3).
Table 3. Suggested Government Actions to Prevent Child Labor, Including its Worst Forms
|Area||Suggested Action||Year(s) Suggested|
|Laws||Clarify whether Tokelau has applicable laws to protect children under 18 against the worst forms of child labor.||2013|
5. New Zealand Defence Force. Minimum Entry Requirements- Army Generic Requirements for New Zealand, [online] [cited March 27, 2014]; http://www.defencecareers.mil.nz/army/joining-up/am-i-eligible/minimum-entry-requirements.
7. UNESCO. "Table 4: Access to Primary Education," in EFA Global Monitoring Report: Youth and Skills- Putting Education to Work. Paris; October 16, 2012; http://www.ibe.unesco.org/en/services/online-materials/world-data-on-education/seventh-edition-2010-11.html.