Child Labor and Forced Labor Reports
Tuvalu
Minimal Advancement
In 2022, Tuvalu made minimal advancement in efforts to eliminate the worst forms of child labor. The National Advisory Committee on the Convention on the Rights of the Child worked on developing a child protection policy for schools. However, although research is limited, there is evidence that children in Tuvalu engage in child labor in fishing and domestic work. The government has not specified, by national law or regulation, the types of hazardous work prohibited for children, leaving children vulnerable to the worst forms of child labor. In addition, Tuvalu lacks information on labor law and criminal law enforcement efforts.
Table 1 provides key indicators on children’s work and education in Tuvalu.
| Children | Age | Percent |
|---|---|---|
| Working (% and population) | 5 to 14 | 8.5 (Unavailable) |
| Attending School (%) | 5 to 14 | 79.4 |
| Combining Work and School (%) | 7 to 14 | 8.9 |
| Primary Completion Rate (%) | 88.3 |
Source for primary completion rate: Data from 2021, published by UNESCO Institute for Statistics, 2023. (1)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 6 (MICS 6), 2019–2020. (2)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
| Sector/Industry | Activity |
|---|---|
| Agriculture | Fishing, activities unknown (3) |
| Services | Domestic work, activities unknown (4,5) |
The Tuvalu Multiple Indicator Cluster Survey 6 (MICS 6) 2019–2020, which provides the most recent and comprehensive data on child labor in Tuvalu, found that 4 percent of children ages 5 to 17 were working under conditions of child labor. The survey also reported that 16 percent of children were engaging in hazardous activities that included carrying heavy loads, working with dangerous tools, and operating heavy machinery, among others. (4) However, the MICS 6 did not specify the sectors in which children in Tuvalu were engaged in child labor. (4)
Tuvalu has ratified some key international conventions concerning child labor (Table 3).
| 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 (Table 4). However, gaps exist in Tuvalu's legal framework to adequately protect children from the worst forms of child labor, including the identification of hazardous occupations or activities prohibited for children.
| Standard | Meets International Standards | Age | Legislation |
|---|---|---|---|
| Minimum Age for Work | Yes | 15 | Article 42 of the Labor and Employment Relations Act (6) |
| Minimum Age for Hazardous Work | Yes | 18 | Article 44 of the Labor and Employment Relations Act (6) |
| Identification of Hazardous Occupations or Activities Prohibited for Children | No | ||
| Prohibition of Forced Labor | Yes | Articles 3 and 68 of the Counter Terrorism and Transnational Organized Crime Act; Articles 46–49 of the Labor and Employment Relations Act; Article 249 of the Penal Code; Article 18 of the Constitution of Tuvalu (6-9) | |
| Prohibition of Child Trafficking | Yes | Articles 3 and 68 of the Counter Terrorism and Transnational Organized Crime Act; Article 136 of the Penal Code (7,9) | |
| Prohibition of Commercial Sexual Exploitation of Children | Yes | Article 46 of the Labor and Employment Relations Act; Articles 136 and 140–143 of the Penal Code (6,7) | |
| Prohibition of Using Children in Illicit Activities | Yes | Article 46 of the Labor and Employment Relations Act; Articles 141–142 of the Penal Code (6,7) | |
| 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 | Yes | Section 46 of the Labor and Employment Relations Act (6) | |
| Compulsory Education Age | Yes | 15 | Article 3(1)(b) of the Compulsory Education Order (10) |
| Free Public Education | No | Article 33 of the Education Act (11) |
† Country has no standing military (12)
The Government of Tuvalu has not specified, by national law or regulation, the types of hazardous work prohibited for children; previous provisions applied only to males under age 18 in the industrial, mining, and fishing sectors. (6,13) Research found that while primary school is free in practice for students up to age 13, the Education Act stipulates that fees can legally be charged for education. In addition, free primary school up to age 13 does not match the compulsory education age of 15, which leaves children ages 14 and 15 without free education. (5,10,11,14)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of agencies that may hinder adequate enforcement of their child labor laws.
| Organization/Agency | Role & Activities |
|---|---|
| Department of Labor and the Ministry of Public Works, Infrastructure, Environment, Labor, Meteorology and Disaster | Enforces labor laws, including those related to child labor. (15) |
| Tuvalu Police Force | Investigates and enforces criminal violations regarding child labor, child trafficking, commercial sexual exploitation, and the use of children in illicit activities. (5) |
Labor Law Enforcement
Research did not find information on whether labor law enforcement agencies in Tuvalu took actions to address child labor (Table 6).
| Overview of Labor Law Enforcement | 2021 | 2022 |
|---|---|---|
| Labor Inspectorate Funding | Unknown (15) | Unknown (5) |
| Number of Labor Inspectors | 4 (15) | Unknown (5) |
| Mechanism to Assess Civil Penalties | No (6) | No (5) |
| Training for Labor Inspectors Provided | No (15) | No (5) |
| Number of Labor Inspections Conducted at Worksite | Unknown (15) | Unknown (5) |
| Number of Child Labor Violations Found | Unknown (15) | Unknown (5) |
| Number of Child Labor Violations for Which Penalties Were Imposed | Unknown (15) | Unknown (5) |
| Number of Child Labor Penalties Imposed that Were Collected | Unknown (15) | Unknown (5) |
| Routine Inspections Conducted | Unknown (15) | Unknown (5) |
| Routine Inspections Targeted | No (15) | No (5) |
| Unannounced Inspections Permitted | Yes (6) | Yes (5) |
| Unannounced Inspections Conducted | Unknown (15) | Unknown (5) |
| Complaint Mechanism Exists | Yes (15) | Yes (5) |
| Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services | Yes (15) | Yes (5) |
In 2022, the ILO conducted consultations on international labor conventions with the government and civil society. (5) While labor inspectors cannot assess civil penalties, they may refer matters to the Office of Attorney General for criminal prosecution and the assessment of penalties upon conviction. (6) There is no formal referral mechanism, but the government's National Advisory Committee on Children’s Rights (NACCRC) is an interagency collective coordinating child protection issues. Members of the committee can be contacted should a case of child labor be found. (5) Research could not ascertain whether routine labor inspections have been conducted, but there have been no inspections of risk-prone sectors. (5)
Criminal Law Enforcement
Research did not find information on whether criminal law enforcement agencies in Tuvalu took actions to address child labor (Table 7).
| Overview of Criminal Law Enforcement | 2021 | 2022 |
|---|---|---|
| Training for Criminal Investigators Provided | Unknown (15) | Unknown (5) |
| Number of Investigations | Unknown (15) | Unknown (5) |
| Number of Prosecutions Initiated | Unknown (15) | Unknown (5) |
| Number of Convictions | 0 (15) | 0 (5) |
| Imposed Penalties for Violations Related to the Worst Forms of Child Labor | Unknown (15) | Unknown (5) |
| Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services | Yes (15) | Yes (5) |
The government did not provide information on its criminal law enforcement efforts for inclusion in this report. (5)
The government has established a key mechanism to coordinate its efforts to address child labor (Table 8).
| Coordinating Body | Role & Activities |
|---|---|
| National Advisory Committee on the Convention on the Rights of the Child (NACCRC) | Interagency collective that coordinates child protection issues and implements the Convention on the Rights of the Child to prevent and eliminate child labor. Led by the Ministry of Education, Youth and Sports (MEYS) and includes representatives from the Tuvalu Police and Ministries of Labor and Social Welfare. (5,15) Maintains a Child Protection Desk to support and coordinate the implementation of child protection efforts. (15) During the reporting year, the committee worked on developing a child protection policy for schools. (5) |
The government has established relevant policies related to child labor (Table 9).
| Policy | Description & Activities |
|---|---|
| United Nations Pacific Strategy (2018–2022) | Addressed, developed, and implemented strategic economic development priorities in the South Pacific, including eliminating child labor and its worst forms. A multinational strategic framework program that consisted of 14 South Pacific nations. (16) Research was unable to determine whether activities were undertaken to implement this program in Tuvalu during the reporting period. |
| Child Protection Work Plan (2017) | Involves public relations activities, such as awareness raising and advocacy. (17) During the reporting period, the government continued to implement its child protection program although progress was restricted as technical assistance and support was only provided virtually. (5) |
‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (10)
In 2022, the government participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the inadequacy of programs to address the full scope of the problem.
| Program | Description & Activities |
|---|---|
| UNICEF Pacific Multi-Country Child Protection Program (2018–2022) | Prioritized children's rights including the elimination of the worst forms of child labor. This was a multi-country program in 14 Pacific Island countries aligned with the UN Pacific Strategy 2018–2022. (18) Research was unable to determine whether activities took place in Tuvalu in 2022. |
| Tuvalu Learning Project (2020–2025) | Prepares children entering first grade and increases the literacy of children in elementary school. Subcomponents include a study on student absenteeism, a gender analysis to understand why boys are dropping out of school more than girls, and trainings on child protection, gender-based violence, and disability inclusion. (19) Implemented by MEYS and funded by the World Bank. (19) This project remained active during the reporting period. (5) |
For information about USDOL’s projects to address child labor around the world, visit https://www.dol.gov/agencies/ilab/ilab-project-page-search
Research found no evidence of programs that specifically address child labor in domestic work or the fishing sector.
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Tuvalu (Table 11).
| Area | Suggested Action | Year(s) Suggested |
|---|---|---|
| Legal Framework | Ratify the UN CRC Optional Protocol on Armed Conflict. | 2013 – 2022 |
| Ratify the UN CRC Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography. | 2013 – 2022 | |
| Ratify the Palermo Protocol on Trafficking in Persons. | 2013 – 2022 | |
| Determine by national law or regulation the types of hazardous work prohibited for all children in consultation with employers' and workers’ organizations. | 2017 – 2022 | |
| Establish by law free public education for all children up to at least age 15 to align with the compulsory education age. | 2019 – 2022 | |
| Enforcement | Publish labor law enforcement information, including labor inspectorate funding, number of labor inspections conducted at worksite, number of child labor violations found, number of child labor violations for which penalties were imposed, number of child labor penalties imposed that were collected, whether routine inspections were conducted, and whether unannounced inspections were conducted. | 2016 – 2022 |
| Establish a mechanism to assess civil penalties. | 2022 | |
| Institutionalize training for labor inspectors, including training for new labor inspectors at the beginning of their employment. | 2020 – 2022 | |
| Strengthen the labor inspectorate by initiating targeted inspections based on analysis of data related to risk-prone sectors and patterns of serious incidents. | 2020 – 2022 | |
| Publish information on criminal law enforcement efforts, including if training was provided for criminal investigators, the number of investigations, the number of prosecutions initiated, and number of penalties imposed for violations related to the worst forms of child labor. | 2017 – 2022 | |
| Social Programs | Collect and publish data on the extent and nature of child labor to inform policies and programs. | 2022 |
| Conduct research to determine activities carried out by children working in the agriculture and services sector to inform policies and programs. | 2010 – 2022 | |
| Ensure that all social programs that address child labor remain active and publish information on activities taken on an annual basis. | 2022 | |
| Institute programs to address child labor in domestic work and the fishing sector. | 2009 – 2022 |
- UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 15, 2023. For more information, please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
http://data.uis.unesco.org/ - ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Multiple Indicator Cluster Survey 6 (MICS 6), 2019–2020. Analysis received March 2023. Please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
- U.S. Embassy- Suva. Reporting. February 18, 2021.
- Tuvalu Central Statistics Division. Tuvalu Multiple Indicator Cluster Survey 2019–2020, Survey Findings Report. Funafuti, Tuvalu, November 21, 2021.
https://stats.gov.tv/wp-admin/admin-ajax.php?juwpfisadmin=false&action=wpfd&task=file.download&wpfd_category_id=84&wpfd_file_id=900&token=&preview=1 - U.S. Embassy- Suva. Reporting. February 21, 2023.
- Government of Tuvalu. Labour and Employment Relations Act 2017. Enacted: 2017. Source on file.
- Government of Tuvalu. Penal Code (Revised 2008), Cap 10 20. Enacted: October 18, 1965.
http://www.tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1965/1965-0007/PenalCode_1.pdf - Government of Tuvalu. The Constitution of Tuvalu. Enacted: October 1, 1986. Revised: 2008.
http://www.parliament.am/library/sahmanadrutyunnor/tuvalu.pdf - Government of Tuvalu. Counter Terrorism and Transnational Organized Crime Act, 2009. Enacted: November 30, 2009.
http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/2009/2009-0006/CounterTerrorismandTransnationalOrganisedCrimeAct2009_1.pdf - Government of Tuvalu. Education (Compulsory Education) Order, Cap. 30.05.4. Enacted: January 1, 1984. Revised: 2008.
http://tuvalu-legislation.tv/cms/images/LEGISLATION/SUBORDINATE/1984/1984-0014/EducationCompulsoryEducationOrder_1.pdf - Government of Tuvalu. Education Act. 2008.
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/85522/95796/F1040392999/TUV85522.pdf - U.S. Department of State. Country Reports on Human Rights Practices- 2021: Tuvalu. Washington D.C., April 12, 2022.
https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/tuvalu/ - Government of Tuvalu. Employment Act, Cap.40.28. Enacted: 2008.
http://www.tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1965/1965-0006/EmploymentAct_1.pdf - Government of Tuvalu. Education and Learning. Accessed March 30, 2023.
https://www.gov.tv/education-learning/ - U.S. Embassy- Suva. Reporting. January 24, 2022.
- UN. United Nations Pacific Strategy 2018–2022: A Multi-Country Sustainable Development Framework in the Pacific Region. 2017.
https://pacific.un.org/sites/default/files/2020-06/UNPS_2018-2022.pdf - U.S. Embassy- Suva official. E-mail communication to USDOL official. January 28, 2019.
- UN. Strategy Note for the 2018–2022 Pacific Multi-Country Programme of Cooperation. New York, October 10, 2017. Source on file.
- Ministry of Education, Youth and Sport. Tuvalu Learning Project (TuLeP) Processes and Procedures Manual. September 2021.
https://meys.gov.tv/publication?view=download&fileId=23
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