Findings on the Worst Forms of Child Labor - Saint Helena

Child Labor and Forced Labor Reports

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Saint Helena, Ascension, and Tristan da Cunha

2020 Findings on the Worst Forms of Child Labor:

English

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.

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).

**Table 1. Ratification of International Conventions on Child Labor**
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.

**Table 2. Laws and Regulations on Child Labor**
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)

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).

**Table 11. Suggested Government Actions to Eliminate Child Labor**
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

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