Child Labor and Forced Labor Reports
Saint Helena, Ascension, and Tristan da Cunha


No Advancement
Although research found no evidence that child labor exists in Saint Helena, Ascensión, and Tristán da Cunha, in 2020 the government made no advancement in efforts to prevent the worst forms of child labor. The government has yet to define by law or regulation the types of hazardous work prohibited to children, other than work on vessels engaged in maritime navigation. Gaps also remain in legislation related to forced child labor and the trafficking of children for labor exploitation.
Research found no evidence that child labor exists in Saint Helena, Ascensión, and Tristán da Cunha. (1-4) Data on key indicators on children's work and education in Saint Helena, Ascensión, and Tristán da Cunha 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 park of the UK. They are self-governing, except in the areas of foreign affairs and defense. (5) Domestic UK law does not generally apply unless explicitly extended to these territories. Saint Helena, Ascensión, and Tristán da Cunha are three separate territories that generally incorporate English Law Ordinances to the extent permitted by local circumstances and subject to modification by local laws. (2,5) Under Article 35(4) of the ILO Constitution, when the UK ratifies a Convention, the Territory must consider if it will accept the Convention. If the Convention is accepted, it is considered applicable to that territory. (5) The following Conventions have been extended to and accepted by Saint Helena, Ascensión, and Tristán da Cunha (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 |
The Government of Saint Helena, Ascensión, and Tristán da Cunha has established laws and regulations related to child labor (Table 2). However, gaps exist in Saint Helena, Ascensión, and Tristán da Cunha's legal framework to adequately protect children from the worst forms of child labor, including prohibition of child trafficking and using children in illicit activities.
Standard |
Meets International Standards |
Age |
Legislation |
---|---|---|---|
Minimum Age for Work |
Yes |
16 |
Section 158 of the Welfare of Children Ordinance (6) |
Minimum Age for Hazardous Work |
Yes |
18 |
Sections 158 of the Welfare of Children Ordinance (6) |
Identification of Hazardous Occupations or Activities Prohibited for Children |
No |
Section 158 of the Welfare of Children Ordinance (6) |
|
Prohibition of Forced Labor |
No |
Sections 8 (Saint Helena), 125 (Ascensión), and 190 (Tristán da Cunha) of the Constitution Order (7) |
|
Prohibition of Child Trafficking |
No |
Articles 57–60 of the Sexual Offences Act (8) |
|
Prohibition of Commercial Sexual Exploitation of Children |
Yes |
Articles 47–51 of the Sexual Offences Act; Sections 145–147 of the Welfare of Children Ordinance (6,8) |
|
Prohibition of Using Children in Illicit Activities |
No |
||
Minimum Age for Voluntary State Military Recruitment |
N/A† |
||
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 |
Section 34 of the Education Ordinance (Saint Helena and Tristán da Cunha); Ascensión Island Education Policy (Ascensión) (9,10) |
Free Public Education |
Yes |
Section 16 (Saint Helena), Section 132 (Ascensión), and Section 198 (Tristán da Cunha) of the Constitution Order; Section 43 (Saint Helena) of the Education Ordinance; and Education Policy (Ascensión) (7,9,10) |
* No conscription (11)
† No standing military (11)
The Government of Saint Helena, Ascensión, and Tristán da Cunha has not determined by national law or regulation the types of hazardous work prohibited to children, other than work on vessels engaged in maritime navigation. (2,6) The laws prohibiting forced labor in Saint Helena, Ascensión, and Tristán da Cunha are not sufficient because debt bondage and slavery are prohibited constitutionally but not criminally. (7) While the UK Sexual Offences Act, which is applicable to this territory, prohibits trafficking for sexual exploitation, it does not specifically address the trafficking of children and there are no laws prohibiting the trafficking of children for labor exploitation. (8)
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.
As there is no evidence of a problem, there appears to be no need for mechanisms to coordinate efforts to address child labor.
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 Saint Helena, Ascensión, and Tristán da Cunha (Table 3).
Area |
Suggested Action |
Year(s) Suggested |
---|---|---|
Legal Framework |
Ratify international conventions on child labor. |
2020 |
Determine the types of hazardous work prohibited for children, in consultation with employers’ and workers’ organizations. |
2013 – 2020 |
|
Ensure that forced labor, debt bondage, and slavery are criminally prohibited. |
2017 – 2020 |
|
Establish laws to criminally prohibit trafficking of children for labor exploitation. |
2014 – 2020 |
|
Establish laws to criminally prohibit the use of children in illicit activities. |
2015 – 2020 |
|
Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups. |
2016 – 2020 |
- U.S. Embassy- London. Reporting. January 15, 2021.
- U.S. Embassy- London. Reporting. January 14, 2020.
- U.S. Embassy- London. Reporting. January 22, 2016.
- ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Analysis received March 12, 2021. For more information, please see “Children’s Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
- U.S. Embassy- London. Reporting. January 24, 2017.
- Government of Saint Helena. Welfare of Children Ordinance. Enacted: March 1, 2010.
http://www.sainthelena.gov.sh/wp-content/uploads/2018/06/Welfare-of-Children-Ord-Updated-040618.pdf - Government of the United Kingdom of Great Britain and Northern Ireland. The Saint Helena, Ascensión, and Tristán da Cunha Constitution Order 2009. Enacted: September 1, 2009.
http://www.legislation.gov.uk/uksi/2009/1751/made/data.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 Saint Helena. Education Ordinance. Enacted: August 30, 2008.
http://www.sainthelena.gov.sh/wp-content/uploads/2013/01/Education-Ordinance-310712.pdf - Government of Ascensión Island. Ascensión Island Education Policy. Enacted: October 2010. Source on file.
- CIA. The World Factbook: Saint Helena, Ascension, and Tristan da Cunha. Accessed August 6, 2018.
https://www.cia.gov/the-world-factbook/countries/saint-helena-ascension-and-tristan-da-cunha/
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