Child Labor and Forced Labor Reports
Falkland Islands (Islas Malvinas)


Minimal Advancement
Although research found no evidence that child labor exists in the Falkland Islands (Islas Malvinas), in 2020 the government made minimal advancement in efforts to prevent the worst forms of child labor. During the reporting period, the Safeguarding Children’s Board met quarterly and published an annual report on activities through March 2020. The minimum ages for work and for hazardous work do not meet international standards, and the law does not prohibit adults from using, procuring, and offering a child for the production and trafficking of drugs.
Research found no evidence that child labor exists in the Falkland Islands (Islas Malvinas). (1,2) Data on key indicators on children's work and education in the Falkland Islands (Islas Malvinas) are not available from the sources used in this report.
British Overseas Territories (BOTs) recognize the jurisdiction and sovereignty of the United Kingdom (UK), but are not constitutionally part of the UK. They are self-governing, except in the areas of foreign affairs and defense. (2) The Falkland Islands (Islas Malvinas) generally incorporate English Law Ordinances to the extent permitted by local circumstances and subject to modification by local laws. Under Article 35(4) of the ILO Constitution, when the UK ratifies a Convention, the Territory must consider if it will accept the Convention. (2) If the Convention is accepted, it is considered applicable to that territory. The following Conventions have been extended to and accepted by the Falkland Islands (Islas Malvinas) (Table 1). (2)
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 |
The Government of the Falkland Islands (Islas Malvinas) has established laws and regulations related to child labor (Table 2). However, gaps exist in the Falkland Islands' (Islas Malvinas') legal framework to adequately protect children from the worst forms of child labor, including the minimum age for work and the prohibition of using children in illicit activities.
Standard |
Meets International Standards |
Age |
Legislation |
---|---|---|---|
Minimum Age for Work |
No |
14 |
Section 3 of the Employment of Children Ordinance (3) |
Minimum Age for Hazardous Work |
No |
16 |
Section 3 of the Employment of Children Ordinance; Sections 3 and 4A of the Employment of Women, Young Persons, and Children Act (3,4) |
Identification of Hazardous Occupations or Activities Prohibited for Children |
No |
Section 3 of the Employment of Children Ordinance; Section 3 of the Employment of Women, Young Persons, and Children Act (3,4) |
|
Prohibition of Forced Labor |
Yes |
Section 117 of the Crimes Ordinance of 2014; Chapter 1, Section 4 of the Constitution Order (5,6) |
|
Prohibition of Child Trafficking |
Yes |
Section 87 of the Crimes Ordinance of 2014; Part 1, Sections 57–60 of the Sexual Offences Act (5,7) |
|
Prohibition of Commercial Sexual Exploitation of Children |
Yes |
Sections 259–263 of the Crimes Ordinance of 2014; Part 1 of the Sexual Offences Act (5,7) |
|
Prohibition of Using Children in Illicit Activities |
No |
||
Minimum Age for Voluntary State Military Recruitment |
Yes |
17 |
|
Prohibition of Compulsory Recruitment of Children by (State) Military |
N/A* |
||
Prohibition of Military Recruitment by Non-state Armed Groups |
No |
||
Compulsory Education Age |
Yes |
16 |
Education Amendment Ordinance; Chapter 1, Section 12 of the Constitution Order (6,8) |
Free Public Education |
Yes |
Education Amendment Ordinance; Chapter 1, Section 12 of the Constitution Order (6,8) |
* No conscription (9)
The minimum age of 14 for work and the minimum age of 16 for hazardous work are not in compliance with international standards. In addition, as the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education. (4,10) The Government of the Falkland Islands (Islas Malvinas) has not determined by national law or regulation the types of hazardous work prohibited for children, other than industrial undertakings. (3,4) The law also does not prohibit adults from using, procuring, or offering a child in the production and trafficking of drugs.
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 the Falkland Islands (Islas Malvinas) has established an institutional mechanism for the enforcement of laws and regulations on child labor (Table 3).
Organization/Agency |
Role |
---|---|
Royal Falkland Islands Police |
Enforces laws including those protecting children against abuses. Participates in the Safeguarding Children Board. (11,12) |
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 the Falkland Islands (Islas Malvinas) has established a mechanism to coordinate efforts to address child labor (Table 4).
Coordinating Body |
Role & Description |
---|---|
Falkland Islands Safeguarding Children's Board |
Ensures children's welfare, including protection from sexual abuse. Chaired by the Director of Health and Social Services, members include the Education Department, the Attorney General's Chambers, Social Services, Royal Falkland Islands Police, healthcare professionals, members of the Legislative Assembly, and a representative from the military community. (12) Meets quarterly and published an annual report in October 2020. (13) |
As there is no evidence of a problem, there appears to be no need for policies to address child labor.
As there is no evidence of a problem, there appears to be no need for programs to address child labor.
Based on the reporting above, suggested actions are identified that would advance the continued prevention of child labor in the Falkland Islands (Islas Malvinas) (Table 5).
Area |
Suggested Action |
Year(s) Suggested |
---|---|---|
Legal Framework |
Ratify international conventions on child labor. |
2020 |
Raise the minimum age for work to at least 15 and up to the age to which education is compulsory in all sectors. |
2017 – 2020 |
|
Ensure that the minimum age for hazardous work is age 18 and that national law determines prohibited work activities for children. |
2015 – 2020 |
|
Ensure that the law prohibits the use of children in illicit activities, including in the production and trafficking of drugs. |
2013 – 2020 |
|
Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups. |
2012 – 2020 |
|
Social Programs |
Collect and publish data on the extent and nature of child labor to inform policies and programs. |
2017 – 2020 |
- U.S. Embassy- London. Reporting. January 15, 2021.
- U.S. Embassy- London. Reporting. January 24, 2017.
- Government of Falkland Islands. Employment of Children Ordinance 1966. 1966.
https://legislation.gov.fk/download/pdf/7d3fdf38-7196-491d-a49a-955b2291614a/69a2b54c-e937-4e21-bb20-b82d7de75689/fiord-1966-1_2017-07-31.pdf - Government of Falkland Islands. Employment of Women, Young Persons and Children Ordinance 1967. 1967.
https://legislation.gov.fk/download/pdf/72ee8a05-6d84-4f98-8664-42df7506dc88/4a7f2b82-9ab2-4ed4-8b38-a44c78e41f04/fiord-1967-1_2017-07-31.pdf - Government of the Falkland Islands. Crimes Ordinance 2014. November 9, 2016.
https://legislation.gov.fk/view/whole/2019-05-25/fiord-2014-13#:~:text=Crimes Ordinance 2014,-Published May 23&text=AN ORDINANCE To consolidate and,offences; and for connected purposes.&text=(2) This Ordinance comes into,by notice in the Gazette - 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 - Government of the United Kingdom of Great Britain and Northern Ireland. Sexual Offences Act 2003. Enacted: 2003. http://www.legislation.gov.uk/ukpga/2003/42/pdfs/ukpga_20030042_en.pdf
- Government of the Falkland Islands. Education. Accessed February 25, 2016.
http://www.falklands.gov.fk/our-people/daily-life/education/ - CIA. The World Factbook: Falkland Islands (Islas Malvinas). Accessed August 6, 2018.
https://www.cia.gov/the-world-factbook/countries/falkland-islands-islas-malvinas/ - U.S. Embassy- London. Reporting. January 14, 2020.
- Government of the Falkland Islands. Royal Falkland Islands Police. Accessed June 10, 2021.
https://www.police.gov.fk/ - Government of the Falkland Islands. Falkland Islands Safeguarding Children Board. Accessed March 28, 2016. http://www.falklands.gov.fk/more-information/fiscb/
- Government of the Falkland Islands. Falkland Islands Safeguarding Children’s Board Annual Report 2019–2020. October 28, 2020.
https://fig.gov.fk/assembly/executive-council/papers?task=download.send&id=2872&catid=451&m=0
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