Findings on the Worst Forms of Child Labor - Tokelau

Child Labor and Forced Labor Reports

Tokelau

2015 Findings on the Worst Forms of Child Labor:

No Advancement

In 2015, Tokelau made no advancement in efforts to prevent the worst forms of child labor. While there is no evidence that child labor, including its worst forms exists in Tokelau, it is unclear whether the Government has laws prohibiting the worst forms of child labor.

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Research found no evidence that child labor, including its worst forms, exists in Tokelau.(1) Data on key indicators on children’s work and education are not available from the sources used in this report.

Tokelau is a dependent territory of New Zealand; however, international treaties are applied only with the consent of the Government of Tokelau.(2) New Zealand’s ratification of conventions does not apply automatically to Tokelau (Table 1).(1, 2) It is unknown which international treaties Tokelau has consented to.

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 has established laws and regulations related to child labor, including its worst forms (Table 2).

Table 2. Laws and Regulations Related to Child Labor

Standard

Yes/No

Age

Related Legislation

Minimum Age for Work

Unknown

 

 

Minimum Age for Hazardous Work

Yes

18

Rules 52 and 53 of the Schedule of Transtok Tokelau Corporation Rules (3)

Prohibition of Hazardous Occupations or Activities for Children

Yes

 

Rules 52 and 53 of the Schedule of Transtok Tokelau Corporation Rules (3)

Prohibition of Forced Labor

Unknown

 

 

Prohibition of Child Trafficking

Unknown

 

 

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Article 25 of the Tokelau Crimes, Procedures, and Evidence Rules Act (4)

Prohibition of Using Children in Illicit Activities

Yes

 

Articles 49–50 of the Tokelau Crimes, Procedures, and Evidence Rules Act (4)

Minimum Age for Compulsory Military Recruitment

N/A*

 

 

Minimum Age for Voluntary Military Service

Yes

17

Article 33 of the Government of New Zealand’s Defense Act (5)

Compulsory Education Age

Yes

16

Article 63(1) of the Tokelau Crimes, Procedures, and Evidence Rules Act (4, 6)

Free Public Education

Yes

 

Legislation title unknown (6)

* No conscription (7)

The Schedule of Transtok Tokelau Corporation Rules allows for children between ages 16 and 18 to work on ships as an apprentice and with parental consent. However, this law is not in compliance with international standards because it fails to require that children receive adequate training and does not codify the measures necessary to protect the health, safety and morals of these children.(3) The Government also has not established laws related to forced labor, including debt bondage, child trafficking, and slavery.

Even though there is no evidence of a problem, the Government of New Zealand has established institutional mechanisms to address complaints related to child labor in Tokelau (Table 3).

Table 3. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

New Zealand Ombudsmen

Address complaints related to child labor and support Tokelau.(8, 9)

 

As there is no evidence of a problem, there appears to be no need for mechanisms to coordinate efforts to address child labor, including its worst forms.

Although there is no evidence of a problem, the Government of Tokelau has established policies related to child labor, including its worst forms (Table 4).

Table 4. Policies Related to Child Labor

Policy

Description

Tokelau National Strategic Plan (2010–2015)

Implements the UNDAF Results Framework for the Pacific Sub-Region Projects 2013–2017, which includes national development strategies and priorities.(10)

UNDAF Pacific Region (2013–2017)

Promotes sustainable development and economic growth for vulnerable groups in 14 Pacific Island countries and territories: Cook Islands, Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, Niue, Palau, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, and Vanuatu.(10) In Tokelau, includes different youth education initiatives related to environmental, health, and food issues.(11)

 

As there is no evidence of a problem, there appears to be no need for programs to address child labor, including its worst forms.

Based on the reporting above, the following actions would advance the continued prevention of child labor, including its worst forms, in Tokelau (Table 5).

Table 5. Suggested Government Actions to Prevent Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that children between ages 16 and 18 working in hazardous work children receive adequate training in the type of work, and that their health, safety, and morals are protected.

2015

Establish laws to prohibit forced labor, including debt bondage, child trafficking, and slavery.

2013 – 2015

 

1.         U.S. Embassy- Wellington. reporting, March 13, 2015.

2.         U.S. Embassy- Wellington official. E-mail communication to USDOL official. May 16, 2014.

3.         Government of Tokelau. Transport Tokelau Corporation Rules 1997, enacted February 1, 1997. http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwjW_9_p0NfLAhUFdh4KHXHGCiwQFggcMAA&url=http%3A%2F%2Fwww.paclii.org%2Ftk%2Flegis%2Fnum_act%2Fttcr1997413.rtf&usg=AFQjCNFM49R-VYuIvFINMRHZ8a2pUA_MMA&bvm=bv.117218890,d.dmo.

4.         Government of Tokelau. Tokelau Crimes, Procedures, and Evidence Rules 2003, enacted 2003. http://www.paclii.org/tk/legis/num_act/cpaer2003302/.

5.         Government of New Zealand. Defence Act 1990, 28, enacted April 1, 1990. http://www.legislation.govt.nz/act/public/1990/0028/latest/DLM204973.html

6.         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.

7.         Government of New Zealand. Declaration to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict; November 12, 2001. http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPACCRC.aspx.

8.         U.S. Embassy- Wellington. reporting, January 29, 2015.

9.         Government of New Zealand. Report of the Ombudsmen Nga Kaitiaki Mana Tangata for the year ended 30 June 2008; 2008. http://www.ombudsman.parliament.nz/system/paperclip/document_files/document_files/370/original/ar_2007-08.pdf?1348524064.

10.       UN Development Assistance Framework. United Nations Development Assistance Framework (UNDAF) for the Pacific Region 2013-2017; 2013. http://pacific.one.un.org/images/stories/2013/UNDAF_Summary_Report.pdf.

11.       UN Development Assistance Framework. Tokelau UNDAF Results Matrix 2013-2017 2013. http://www.pacific.one.un.org/images/stories/undaf%20results%20matrix%2017%2001%2013%20for%20unct_tokelau.pdf.

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