Child Labor and Forced Labor Reports
Cocos (Keeling) Islands
No Assessment
For the 2022 reporting period, no assessment has been made regarding Cocos (Keeling) Islands' efforts to advance the elimination of the worst forms of child labor because there is no evidence of a worst forms of child labor problem and the country has an adequate legal and enforcement framework on child labor. During the reporting period, the Work Health and Safety Act 2020 took effect, which increased protections for children 16 and 17 years old working in mines for the purposes of apprenticeships. In addition, the Government of Australia ratified the International Labor Organization Protocol of 2014 to the Forced Labor Convention of 1930. In June 2023, the Government ratified the ILO's Minimum Age Convention, 1973 (No. 138), which will enter into force on June 13, 2024. Finally, the Government of Australia issued its annual report detailing efforts to carry out the Modern Slavery Act and continued to fund cash assistance programs.
Research found no evidence that child labor exists in the Cocos (Keeling) Islands. (1)
The Cocos (Keeling) Islands are non-self-governing and are included as part of the territory of the Australian Commonwealth. (1-3) Under the Acts Interpretation Act 1901 (Cth), all laws of the Commonwealth are applicable to the Cocos (Keeling) Islands as if they were a part of mainland Australia. (2,4) The following Conventions have been extended to the Cocos (Keeling) Islands (Table 1).
| Convention | Ratification |
|---|---|
| ILO C. 138, Minimum Age | ✓ |
| ILO C. 182, Worst Forms of Child Labor | ✓ |
| UN CRC | ✓ |
| 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 | ✓ |
In April 2022, Australia ratified the ILO Protocol of 2014 to the Forced Labor Convention 1930 (No. 29). (1,5) Australia also ratified the ILO's Minimum Age Convention, 1973 (No. 138) in June 2023, and the convention will enter into force on June 13, 2024. (6)
The Cocos (Keeling) Islands are subject to the laws and regulations related to child labor of the Commonwealth of Australia and the state of Western Australia. The government's laws and regulations are in line with relevant international standards (Table 2).
| Standard | Meets International Standards | Age | Legislation |
|---|---|---|---|
| Minimum Age for Work | Yes | 17.5 | Section 190 of the Children and Community Services Act 2004 (WA) (CKI); Section 29 of the School Education Act 1999 (WA) (CKI) (7,8) |
| Minimum Age for Hazardous Work | Yes | 18 | Part 7.1 Division 2 r.336 of the Work Health and Safety (General) Regulations; Section 634 of the Work Health and Safety (Mines) Regulation 2022 (WA); Section 193 of the Children and Community Services Act 2004 (WA) (CKI) (7,9,10) |
| Identification of Hazardous Occupations or Activities Prohibited for Children | Yes | Application for a High Risk Work License; Section 634 of the Work Health and Safety (Mines) Regulation 2022 (WA) (10,11) | |
| Prohibition of Forced Labor | Yes | Sections 270.1–4, 270.6, and 270.7 of the Criminal Code Act 1995 (Cth); Sections 270.6, 270.7, and 271.9 of the Crimes Legislation Amendment Act 2013 (Cth) (12,13) | |
| Prohibition of Child Trafficking | Yes | Divisions 270 and 271 of the Criminal Code Act 1995 (Cth) (12) | |
| Prohibition of Commercial Sexual Exploitation of Children | Yes | Sections 16–18 of the Prostitution Act 2000 (WA) (CKI); Section 192 of the Children and Community Services Act 2004 (WA) (CKI); Section 217 of the Criminal Code Act Compilation Act 1913 (WA) (CKI) (7,14,15) | |
| Prohibition of Using Children in Illicit Activities | Yes | Divisions 309 and 310 of the Criminal Code Act 1995 (Cth) (12) | |
| Minimum Age for Voluntary State Military Recruitment | Yes | 18 | Canberra Act 2600 (16) |
| Prohibition of Compulsory Recruitment of Children by (State) Military | N/A* | Canberra Act 2600 (16) | |
| Prohibition of Military Recruitment by Non-state Armed Groups | Yes | Sections 268.68 and 268.88 of the Criminal Code Act 1995 (Cth) (12) | |
| Compulsory Education Age | Yes | 17.5 | Section 6 of the School Education Act (WA) (CKI) (8) |
| Free Public Education | Yes | Section 98 of the School Education Act (WA) (CKI) (8) |
* Country has no conscription (16)
The Government of Western Australia Work Health and Safety Act 2020 took effect on March 31, 2022. It, and its implementing mining regulations, increased protections for children between the ages of 16 and 18 working in mines under close supervision for the purposes of apprenticeships. (1,9,10)
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. However, the Government of Australia has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 3).
| Organization/Agency | Role & Activities |
|---|---|
| Western Australia Department of Communities | Enforces laws related to the minimum age for work through a Service Delivery Arrangement, under which Australian Government services are provided in the Cocos (Keeling) Islands. (1) |
| Western Australia Department of Mines, Industry Regulation and Safety | Enforces laws related to hazardous child labor and occupational safety and health through a Service Delivery Arrangement, under which Australian Government services are provided in the Cocos (Keeling) Islands. (1) |
| Australian Federal Police | Enforce criminal laws related to the worst forms of child labor. (1,17) Oversee the Child Protection Operations Team, which coordinates and investigates online and multi-jurisdictional child sexual exploitation issues, including child pornography; and the Human Trafficking Teams, which investigate human trafficking for the purposes of transnational sexual and labor exploitation. (18) |
Labor Law Enforcement
As there is no evidence of a problem, there appears to be no need for labor law enforcement actions to address child labor.
Criminal Law Enforcement
As there is no evidence of a problem, there appears to be no need for criminal law enforcement actions to address child labor.
As there is no evidence of a problem, there appears to be no need for mechanisms to coordinate efforts to address child labor. However, the Government of Australia has established mechanisms to coordinate government efforts on child labor (Table 4).
| Coordinating Body | Role & Activities |
|---|---|
| Inter-Departmental Committee on Human Trafficking and Slavery | Deals with child labor law enforcement and policy, including the worst forms of child labor, from a counter-trafficking perspective. (1) Comprises 11 government agencies, including the Australian Federal Police, Department of Employment, and Department of Foreign Affairs, and is chaired by the Department of Home Affairs. (19,20) The Committee meets at least twice a year, including once at the ministerial level, and includes an Operational Working Group subcommittee that meets monthly and refers emerging policy issues for consideration. The Committee was active in 2022 and took multiple steps to implement the National Action Plan to Combat Modern Slavery, including extensive consultations with countries, businesses, and civil society groups. (21) |
As there is no evidence of a problem, there appears to be no need for government policies to address child labor. However, the Government of Australia has established policies related to child labor (Table 5).
| Policy | Description & Activities |
|---|---|
| National Action Plan to Combat Human Trafficking and Slavery 2020–2025 | Sets five strategic priorities for addressing modern slavery, which the National Action Plan defines as trafficking in persons, slavery, slavery-like practices, and the worst forms of child labor. Priorities include: (1) prevention; (2) disruption, investigation, and prosecution; (3) support and protection for victims; (4) partnerships; and (5) research. (1,22) In December 2022, the Australian Attorney General convened the fourteenth Ministerial Meeting of the National Roundtable on Human Trafficking and Slavery, the government's key mechanism for consultation with civil society and industry stakeholders on modern slavery issues. (1) |
In 2022, the Government of Australia issued its annual report detailing the previous year's activities related to the implementation of the Modern Slavery Act, which requires businesses and organizations with an annual turnover of $70 million (AUD 100 million) or more to report on the efforts made to reduce the risk of modern slavery, including the worst forms of child labor, in their supply chains. (1,23)
As there is no evidence of a problem, there appears to be no need for programs to address child labor. However, the Government of Australia has established social programs that include the goal of preventing child labor (Table 6).
| Program | Description & Activities |
|---|---|
| Cash Assistance Programs | Child Care Subsidy Program provides support for the care of children ages 13 or younger using an approved childcare service, and the Parenting Program provides an income support payment for the principal caretakers of a child under age 8. (1) |
For information about USDOL’s projects to address child labor around the world, visit https://www.dol.gov/agencies/ilab/ilab-project-page-search
Based on the reporting above, there are no actions needed to advance the continued prevention of child labor in the Cocos (Keeling) Islands.
- U.S. Embassy- Canberra. Reporting. January 30, 2023.
- Government of Australia. Acts Interpretation Act 1901. July 12, 1901.
https://www.legislation.gov.au/Details/C2016C00531/Download - Government of Cocos (Keeling) Islands. Cocos Keeling Islands Act. December 15, 2010.
https://www.comlaw.gov.au/Details/C2010C00815 - Government of Australia. Legal Risk in International Transactions: Section 10: External Territories. Canberra. July 15, 2010.
https://www.alrc.gov.au/publication/legal-risk-in-international-transactions-alrc-report-80/10-external-territories/ - Government of Australia, Minister for Foreign Affairs. Australia Ratifies International Forced Labor Protocol. April 5, 2022.
https://www.foreignminister.gov.au/minister/marise-payne/media-release/australia-ratifies-international-forced-labour-protocol#:~:text=The Protocol adds new elements,appropriate and effective remedies, and - International Labor Organization. Ratifications for Australia. Accessed July 7, 2023.
https://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:102544 - Government of Western Australia. Children and Community Services Act 2004. October 20, 2004.
http://www.austlii.edu.au/au/legis/wa/consol_act/cacsa2004318/ - Government of Western Australia. School Education Act 1999. November 2, 1999.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_878_homepage.html - Government of Western Australia. Work Health and Safety (General) Regulations 2020. December 24, 2022.
https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_45102.pdf/$FILE/Work Health and Safety Act 2020 - [00-d0-00].pdf?OpenElement - Government of Western Australia. Work Health and Safety (Mines) Regulations 2022. December 24, 2022.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/RedirectURL?OpenAgent&query=mrdoc_44753.pdf - Government of Western Australia, Department of Mines, Industry Regulations and Safety. Application for a High Risk Work License. March 14, 2022.
https://www.commerce.wa.gov.au/publications/application-licence-perform-high-risk-work-new-additional-classes-and-interstate - Government of Australia. The Criminal Code Act 1995. 1995.
http://www.austlii.edu.au/au/legis/cth/consol_act/cca1995115/sch1.html - Government of Australia. Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013. March 8, 2013.
https://www.legislation.gov.au/Details/C2013A00006 - Government of Western Australia. Prostitution Act 2000. July 29, 2000.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_11564_homepage.html - Government of Western Australia. Criminal Code Act Compilation Act 1913. Enacted: 1913. As Amended: 2020.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_11564_homepage.html - Government of Australia. Canberra Act 2600. April 22, 2008. Source on file.
- Government of Australia. Australian Federal Police: Child Protection. Website. Accessed: March 22, 2019.
https://www.afp.gov.au/what-we-do/crime-types/child-protection - Australian Federal Police (AFP). AFP Child Protection Operations-Online Child Sex Exploitation. Website. Accessed: March 22, 2019. .
https://www.afp.gov.au/what-we-do/crime-types/child-protection - Government of Australia, Attorney-General's Department. Human Trafficking. Accessed March 21, 2023.
https://www.ag.gov.au/crime/people-smuggling-and-human-trafficking/human-trafficking - U.S. Embassy- Canberra official. E-mail communication to USDOL official. May 10, 2023.
- U.S. Embassy- Canberra. Reporting. February 10, 2023.
- Government of Australia. National Action Plan to Combat Modern Slavery 2020–2025. 2020.
https://www.homeaffairs.gov.au/criminal-justice/files/nap-combat-modern-slavery-2020-25.pdf - Government of Australia. Modern Slavery Act 2018. December 10, 2018.
https://www.legislation.gov.au/Details/C2018A00153
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