Child Labor and Forced Labor Reports
Vanuatu


Minimal Advancement
In 2020, Vanuatu made minimal advancement in efforts to eliminate the worst forms of child labor. In response to the COVID-19 pandemic, the government increased access to education by granting a school-fee exemption for the 2020 academic year, in addition to other measures such as increasing Internet capacity in schools for online schooling. The government also reconvened the National Children Protection Working Group. Although research is limited, children in Vanuatu are subjected to the worst forms of child labor, including in forced domestic work and commercial sexual exploitation, each sometimes as a result of human trafficking. Children also engage in dangerous tasks in forestry. Vanuatu’s minimum age for hazardous work is too low to comply with international standards. Vanuatu also lacks a referral mechanism between criminal authorities and social services providers. In addition, the Government of Vanuatu did not respond to requests for information for this report.
Although research is limited, there is evidence that children in Vanuatu are subjected to the worst forms of child labor, including in forced domestic work and commercial sexual exploitation, each sometimes as a result of human trafficking. Children also engage in dangerous tasks in forestry. (1-3) Table 1 provides key indicators on children’s work and education in Vanuatu. Data on some of these indicators are not available from the sources used in this report.
Children |
Age |
Percent |
---|---|---|
Working (% and population) |
5 to 14 |
Unavailable |
Attending School (%) |
5 to 14 |
Unavailable |
Combining Work and School (%) |
7 to 14 |
Unavailable |
Primary Completion Rate (%) |
91.7 |
Source for primary completion rate: Data from 2013, published by UNESCO Institute for Statistics, 2021. (4)
Data were unavailable from International Labor Organization’s analysis, 2021. (5)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
Sector/Industry |
Activity |
---|---|
Agriculture |
Forestry, including logging (1,2,6,7) |
Services |
Street vending, including selling newspapers (1,2,6,7) |
Categorical Worst Forms of Child Labor‡ |
Forced domestic work, sometimes as a result of human trafficking (3,8) |
Commercial sexual exploitation, sometimes as a result of human trafficking (7-9) |
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
Vanuatu lacks data to determine the nature and prevalence of child labor in the country. (1,2,6) Children living in remote areas face difficulties accessing education, increasing the risk of children’s involvement in child labor. (10,11) In addition, approximately 50 percent of children reportedly drop out of the education system due to inadequate programs, facilities, and lack of school slots. (2) Families sometimes send children to live with relatives in nearby towns or cities, and these children are subjected to forced labor as domestic workers. (3,8)
During the reporting period, Vanuatu experienced multiple volcanic eruptions, earthquakes, cyclones, and tsunami, which may impact the government’s ability to address the worst forms of child labor. In April, Tropical Cyclone Harold displaced 6,218 individuals, nearly half of whom were children, who had no regular access to education while they were housed in evacuation centers. (11)
Vanuatu has ratified most 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 Vanuatu’s legal framework to adequately protect children from the worst forms of child labor, including hazardous work.
Standard |
Meets International Standards |
Age |
Legislation |
---|---|---|---|
Minimum Age for Work |
Yes |
14 |
Section 38 of the Employment Act (12) |
Minimum Age for Hazardous Work |
No |
15 |
Section 40 of the Employment Act (12) |
Identification of Hazardous Occupations or Activities Prohibited for Children |
No |
Section 40 of the Employment Act (12) |
|
Prohibition of Forced Labor |
Yes |
Sections 7 and 78(2) of the Employment Act; Section 102 of the Penal Code; Organized Crime Act (12-14) |
|
Prohibition of Child Trafficking |
Yes |
Section 35 of the Counter Terrorism and Transnational Organized Crime Act (14) |
|
Prohibition of Commercial Sexual Exploitation of Children |
No |
Sections 101B–D of the Penal Code (13) |
|
Prohibition of Using Children in Illicit Activities |
No |
Section 35 of the Penal Code (13) |
|
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 |
No |
||
Free Public Education |
No |
† No standing military (15)
Vanuatu's hazardous work prohibitions do not comply with international standards that require all children under age 18 to be protected from work that could jeopardize their health and safety, and Vanuatu has yet to determine by law the types of hazardous work prohibited for children. (10,12,16,17) In addition, the Employment Act permits children under age 12 to perform light work in agricultural undertakings owned and managed by their own family without requiring that the undertaking not have other employees and be for local consumption only, and permits children ages 12 and 13 to work in light agricultural work and domestic work, but it does not specify the activities or hours per week that are allowed. (12) The Penal Code does not include heightened penalties for inciting children to engage in illicit activities, including in drug production and drug trafficking, nor does it prohibit offering children for pornographic performances. (13) Although the government acknowledges these gaps and is developing a Child Protection Bill, research was unable to determine the status of the bill. (6,18) There is also no age up to which education is compulsory, increasing the risk of children’s involvement in child labor.
Although it does not appear that there are any laws that provide free basic education, the Primary Education School Fee Grant Policy sometimes provides free basic education in government-owned schools for children in grades one to six. (9,19-21) During the reporting year, in response to the pandemic, the government announced that it would grant a school-fee exemption for the 2020 academic year, in addition to other measures such as increasing Internet capacity in schools for online schooling. (22)
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 enforcement agencies that may hinder adequate enforcement of their child labor laws.
Organization/Agency |
Role |
---|---|
Department of Labor |
Enforces provisions set forth in the Employment Act, including child labor laws. (1) |
Ministry of Justice and Community Services |
Supports agencies that review laws, draft new laws, and implement relevant UN Conventions. (19) The Child Desk strengthens national planning, integrates international goals (e.g., UN Convention on the Rights of the Child), develops a system of protection for children, and supports community efforts to prevent child abuse. (1,2,19) |
Vanuatu Police Force |
Enforces all criminal laws related to the worst forms of child labor, and collaborates with the Vanuatu Tourism Office to combat commercial sexual exploitation of children. Prosecutes child labor cases. (1,9) |
National Intelligence Unit |
Operates under the Vanuatu Police Force. Is the designated lead and enforces Vanuatu's trafficking in persons laws, including possible commercial sexual exploitation of children as a result of human trafficking. (7,8) |
The Child Desk does not have adequate financial and human resources to develop and integrate national planning initiatives into child protection policies. (1,2) Research indicates that the Government of Vanuatu lacks a centralized body or committee to coordinate anti-trafficking policies and operations. (23)
Labor Law Enforcement
In 2020, research did not find information on whether labor law enforcement agencies in Vanuatu took actions to combat child labor (Table 6).
Overview of Labor Law Enforcement |
2019 |
2020 |
---|---|---|
Labor Inspectorate Funding |
Unknown (1) |
Unknown (2) |
Number of Labor Inspectors |
4 (9) |
4 (21) |
Inspectorate Authorized to Assess Penalties |
No (12) |
No (12) |
Initial Training for New Labor Inspectors |
Unknown (1) |
Unknown (2) |
Training on New Laws Related to Child Labor |
Unknown (1) |
Unknown (2) |
Refresher Courses Provided |
Unknown (1) |
Unknown (2) |
Number of Labor Inspections Conducted |
Unknown (1) |
Unknown (2) |
Number Conducted at Worksite |
Unknown (1) |
Unknown (2) |
Number of Child Labor Violations Found |
Unknown (1) |
Unknown (2) |
Number of Child Labor Violations for Which Penalties Were Imposed |
Unknown (1) |
Unknown (2) |
Number of Child Labor Penalties Imposed that Were Collected |
Unknown (1) |
Unknown (2) |
Routine Inspections Conducted |
Unknown (1) |
Unknown (2) |
Routine Inspections Targeted |
Unknown (1) |
Unknown (2) |
Unannounced Inspections Permitted |
Yes (12) |
Yes (12) |
Unannounced Inspections Conducted |
Yes (1) |
Yes (2) |
Complaint Mechanism Exists |
No (24) |
No (24) |
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
No (1) |
No (2) |
Vanuatu's referral mechanism lacks inter-agency referral and coordination protocols to connect enforcement authorities—including the Department of Labor and the Vanuatu Police Force—to social welfare services. The Government of Vanuatu did not respond to requests for information on its labor law enforcement efforts for inclusion in this report. (1,2,6,8)
Criminal Law Enforcement
In 2020, research did not find information on whether criminal law enforcement agencies in Vanuatu took actions to combat child labor (Table 7).
Overview of Criminal Law Enforcement |
2019 |
2020 |
---|---|---|
Initial Training for New Criminal Investigators |
Unknown (1) |
Unknown (2) |
Training on New Laws Related to the Worst Forms of Child Labor |
Unknown (1) |
Unknown (2) |
Refresher Courses Provided |
Unknown (1) |
Unknown (2) |
Number of Investigations |
Unknown (1) |
50 (21) |
Number of Violations Found |
Unknown (1) |
Unknown (2) |
Number of Prosecutions Initiated |
Unknown (1) |
Unknown (2) |
Number of Convictions |
Unknown (1) |
Unknown (2) |
Imposed Penalties for Violations Related to The Worst Forms of Child Labor |
Unknown (1) |
Unknown (2) |
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
No (1) |
No (2) |
The Vanuatu Police Force employs 50 investigators who enforce criminal law, including laws on the worst forms of child labor. (9,10) Although the police have established standard operating procedures to attend to child victims, there is no formal referral mechanism between the police and social services. (1,6) Most cases of child labor are dealt with by Kastom (an informal method individuals use to settle disputes), and although anyone can report a crime, research found that police are more likely to investigate if the victims themselves report their allegations. After a case is reported by the victim, the police are mandated to investigate the allegations and bring evidence to the public prosecutor for trial. (2,20) The Government of Vanuatu did not respond to requests for information on its criminal law enforcement efforts for inclusion in this report.
The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including efforts to address all forms of child labor.
Coordinating Body |
Role & Description |
---|---|
National Children Protection Working Group |
Serves as the primary forum for exchanging information on child protection and the commercial sexual exploitation of children. Chaired by the Director General of the Ministry of Justice and Community Services, and comprises representatives from the government, UN agencies, civil society organizations, and NGOs. (1,25-28) Reactivated in 2020 since stopping activities in 2014. According to its Terms of Reference, it will have a role in capacity building, systems strengthening, emergency preparedness and response, and coordination of services across all child protection sectors. (2,29) |
Kastom (custom) |
Serves as the primary informal method to handle child protection issues in Vanuatu. Comprises informal service providers, including religious leaders, women's groups, and NGOs, to whom children are referred through Kastom for services. (1,6) Although there are no formal reports of this service being used during the reporting period, it may have been used in rural areas. (30) |
Although the government has established a National Child Protection Working Group to combat the commercial sexual exploitation of children, research found no evidence that there is a coordinating mechanism to address all forms of child labor. (25) Although Kastom is a common mechanism used to address child protection issues, research found that there is a lack of established inter-agency protocols and procedures between Kastom and governmental offices—including the Vanuatu Police Force—to sufficiently coordinate and ensure that child protection services are provided. (1,6) In addition, research found that inter-agency coordination between law enforcement agencies on human trafficking investigations was primarily ad hoc. Lastly, there were early reports in 2020 that government resources were diverted away from anti-trafficking related duties, including eliminating the worst forms of child labor, to address the impact of the pandemic. (23)
The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementation.
Policy |
Description |
---|---|
National Children Protection Policy (2016–2026) |
Aims to protect children from the worst forms of child labor, including commercial sexual exploitation and human trafficking. Provides children with equitable access to services to support reintegration and recovery when needed. (9,25,27) |
Child Safeguarding Policy (2017–2020) |
Provided guidelines for protecting children from abuse, including child labor, violence, sexual abuse, neglect, and exploitation. Maintained a presence in capacity building, emergency preparedness and response, and coordination of services related to child protection. (1,31) |
United Nations Pacific Strategy (2018–2022) |
A multinational strategic framework, comprising 14 South Pacific nations. Created to address, develop, and implement strategic economic development priorities in the South Pacific, including eliminating child labor and the worst forms of child labor. (32) |
‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (33)
Research was unable to determine whether any policies were active during the reporting period. The National Children Protection Policy does not have a dedicated budget, and the offices responsible for its implementation suffer from a lack of human and financial resources. (2,6,34)
There is no register of civil society organizations tasked with protecting children, and social services providers are not required to be registered with the state. Furthermore, there are no standards or requirements that child protection agents or social services providers must follow when addressing children's issues. (1,6,27)
In 2020, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including implementation of the programs.
Program |
Description |
---|---|
Education School Fee Grant† |
Funded by the Government of Vanuatu's Ministry of Education; provides funding directly to primary schools to manage. Funds are disbursed to students in Years 1 through 6 to offset education costs. (35,36) |
† Program is funded by the Government of Vanuatu
Research was unable to determine whether the Vanuatu Education School Fee Grant program contained child labor elimination policies or efforts.
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Vanuatu (Table 11).
Table 11. Suggested Government Actions to Eliminate Child Labor |
||
Area |
Suggested Action |
Year(s) Suggested |
Legal Framework |
Ratify the Palermo Protocol on Trafficking in Persons. |
2014 – 2020 |
Ensure that the minimum age for hazardous work is age 18. |
2016 – 2020 |
|
Determine by national law or regulation the types of hazardous work prohibited for children after consultation with employers' and workers' organizations. |
2009 – 2020 |
|
Ensure that the law protects children ages 12 and 13 employed in light agricultural work by specifying the hours per week that are allowed. |
2009 – 2020 |
|
Ensure that the law prohibits the use, procuring, or offering of a child for pornographic performances. |
2019 – 2020 |
|
Ensure that the law specifically prohibits the use of children in illicit activities, including in the production and trafficking of drugs. |
2016 – 2020 |
|
Ensure that the law criminalizes the recruitment of children under age 18 by non-state armed groups. |
2016 – 2020 |
|
Establish a law providing free basic public education. |
2016 – 2020 |
|
Establish by law an age up to which education is compulsory that extends to the minimum age for work. |
2016 – 2020 |
|
Enforcement |
Publish information on child labor law enforcement efforts undertaken, including labor inspectorate funding, the number and type of labor inspections conducted, violations found, and penalties imposed and collected. |
2012 – 2020 |
Strengthen the labor inspectorate by ensuring the ability to assess penalties and initiating targeted inspections based on analysis of data related to risk-prone sectors and patterns of serious incidents. |
2016 – 2020 |
|
Train labor inspectors on enforcing child labor laws, train criminal investigators on enforcing laws prohibiting the worst forms of child labor, and make the results of these efforts public. |
2014 – 2020 |
|
Publish information on the number of criminal law enforcement efforts undertaken, including the number of investigations conducted, violations found, prosecutions initiated, convictions made, and penalties imposed. |
2012 – 2020 |
|
Establish and sufficiently fund referral mechanisms among the Department of Labor, the Vanuatu Police Force, and social welfare services to protect and rehabilitate children involved in child labor, including its worst forms. |
2014 – 2020 |
|
Ensure that the Child Desk has adequate financial and human resources to develop and integrate national planning initiatives for child protection policies. |
2019 – 2020 |
|
Ensure that all complaints of child labor are investigated, regardless of who lodges the complaint. |
2019 – 2020 |
|
Ensure complaint mechanisms exist between labor authorities and social services and between criminal authorities and social services. |
2020 |
|
Coordination |
Establish a coordinating mechanism to combat child labor, including its worst forms. |
2012 – 2020 |
Establish inter-agency protocols and a referral and coordination mechanism between Kastom and government child protection services. |
2018 – 2020 |
|
Ensure that the National Children Protection Working Group is sufficiently funded by the government, and that the Group drafts and implements a national policy on eliminating commercial sexual exploitation of children. |
2018 – 2020 |
|
Government Policies |
Ensure that all policies are allocated funding and implemented as intended to address all relevant worst forms of child labor, including the commercial sexual exploitation of children. |
2016 – 2020 |
Ensure that social services providers are registered and follow a standard set of procedures in providing care to vulnerable children. |
2019 – 2020 |
|
Social Programs |
Collect and publish data on the extent and nature of child labor to inform policies and programs, including in forestry and agriculture. |
2014 – 2020 |
Increase access to education for children living in remote locations. |
2012 – 2020 |
|
Ensure that the Education School Fee Grant program is active, sufficiently funded, and contains child labor elimination policies or efforts. |
2018 – 2020 |
- U.S. Embassy- Port Moresby. Reporting. January 29, 2020.
- U.S. Embassy- Port Moresby. Reporting. February 3, 2021.
- U.S. Embassy- Port Moresby. Reporting. February 11, 2021.
- UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 3, 2021. 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. Analysis received March 2021. Please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
- Save the Children. Child Rights Situation Analysis: Vanuatu 2018. June 2018. Source on file.
- U.S. Department of State. Trafficking in Persons Report- 2020: Vanuatu. Washington, DC, June 16, 2020.
https://www.state.gov/reports/2020-trafficking-in-persons-report/sample-2020-tip-report-eap/ - U.S. Embassy- Port Moresby. Reporting. February 18, 2020.
- ILO CEACR. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Vanuatu (ratification: 2006). Published: 2021.
https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110_COUNTRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:3995905,103350,Vanuatu,2019 - ILO Committee of Experts. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Vanuatu (ratification: 2006) Published: 2017. Accessed March 9, 2017.
http://www.ilo.org/dyn/normlex/en/f?p=1000:13101:0::NO:13101:P13101_COMMENT_ID:3294473 - U.S. Department of State. Country Reports on Human Rights Practices- 2020: Vanuatu. Washington, DC, March 30, 2020. https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/vanuatu/
- Government of Vanuatu. Employment Act (Cap 160). Enacted: May 30, 1983. Source on file.
- Government of Vanuatu. Penal Code, Chapter 135. Enacted: August 7, 1981.
http://www.paclii.org/vu/legis/consol_act/pc66/ - Government of Vanuatu. Counter Terrorism and Transnational Organised Crime Act. Enacted: February 24, 2006. https://fiu.gov.vu/docs/Counter Terrorism and Transnational Organised Crime Act [CAP 313].pdf
- CIA. The World Factbook. Accessed January 19, 2018. Please see "Labor Law Enforcement: Sources and Definitions" in the Reference Materials section of this report. https://www.cia.gov/the-world-factbook/countries/vanuatu/
- Vanuatu Chamber of Commerce and Industry. Employer Survey (Employment Relations Bill) Accessed April 23, 2019. Source on file.
- Government of Vanuatu. Employment Relations Bill 2012 (Draft). June 2012. Source on file.
- U.S. Embassy- Port Moresby official. E-mail communication to USDOL official. March 10, 2019.
- UN OHCHR. Committee on the Rights of the Child considers reports of Vanuatu. September 22, 2017.
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22136&LangID=E - U.S. Embassy- Port Moresby official. E-mail communication to USDOL official. June 25, 2020.
- ILO CEACR. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Vanuatu (ratification: 2006). Published: 2021.
https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3995905:NO - Daily Post. School Fee Exemption. April 3, 2020.
https://dailypost.vu/news/school-fee-exemption/article_b9f1a02e-7529-11ea-9c52-47df04282b02.html - U.S. Embassy- Port Moresby official. E-mail communication to USDOL official. December 21, 2020.
- U.S. Embassy- Port Moresby official. E-mail communication to USDOL official. June 24, 2021.
- U.S. Embassy- Port Moresby. Reporting. January 16, 2018.
- U.S. Embassy- Port Moresby official. E-mail communication to USDOL official. February 15, 2017.
- Government of Vanuatu. Vanuatu National Child Protection Policy 2016–2026. 2016.
http://www.mjcs.gov.vu/images/policy/Vanuatu_National_Child_Protection_Policy_2016-2026_FINAL_Nov16.pdf - UN Committee on the Rights of the Child. Consideration of reports of States parties: Replies of Vanuatu to the list of issues. CRC/C/VUT/Q/2/Add.1. August 17, 2017.
http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d/PPRiCAqhKb7yhsvlLY7XvhK/OZc0Mh9WtkqV6zJbSeGm9VPHjyZE9JCSRhuJlNFE3dAXEUgsN9lFCVFnHpK00D1li1N23rx7aTA02BtgdNL96UgSmtnpGGg8HlGuxQU6+3uHPCqk5bWqv6Q== - Vanuatu Internet Governance Forum. Vanuatu IGF is very pleased to participate in the National Child Protection Working Group. November 9, 2020.
www.facebook.com/VanuatuIGF/posts/vanuatu-igf-is-very-pleased-to-participate-in-the-national-child-protection-work/2038200116310091/ - U.S. Embassy- Port Moresby official. E-mail communication to USDOL official. February 14, 2020.
- Government of Vanuatu, Ministry of Education and Training. Child Safeguarding Policy 2017–2020. April 7, 2017.
https://moet.gov.vu/docs/press-releases/ministry/MoET Child Safeguarding Policy 2017_04_2017.pdf - UN. Pacific Strategy 2018-2022. 2017. https://www.unicef.org/about/execboard/files/Final_UNPS_2018-2022_Pacific.pdf. 2017.
https://www.unicef.org/about/execboard/files/Final_UNPS_2018-2022_Pacific.pdf - Government of Vanuatu. Ministry of Justice and Community Services Annual Report. 2017.
https://mjcs.gov.vu/images/reporting/ANNUAL_REPORT_-_2018_MJCS_CSU_-_09.05.18_-_DRAFT_V11.0.pdf - U.S. Embassy- Port Moresby. Reporting. January 31, 2019.
- Tabimasmas, Charlot Salwai. Schools Grants Scheme. Government of Vanuatu Ministry of Education. January 22, 2010. Source on file.
- Government of Vanuatu. Press Statement on School Fees and Free Education. January 16, 2018.
https://moet.gov.vu/docs/press-releases/ministry/School Fees and Free Education_02_2018.pdf
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