Child Labor and Forced Labor Reports
Saint Helena, Ascension, and Tristan da Cunha
Minimal Advancement – Efforts Made but Continued Practice that Delayed Advancement
Although research found no evidence that child labor exists in Saint Helena, Ascension, and Tristan da Cunha, in 2022, the government made minimal advancement in efforts to prevent the worst forms of child labor. In 2022, the Government of Ascension enacted the Employment Ordinance, which details the conditions under which children may work, including acceptable work activities and hours. However, despite new initiatives to address child labor, Saint Helena, Ascension, and Tristan da Cunha is assessed as having made only minimal advancement because it continued to implement a practice that delays advancement to eliminate child labor. Research indicates that Saint Helena, Ascension, and Tristan da Cunha lacks a functioning labor inspectorate for the enforcement of labor laws and regulations. Labor inspections are a key tool for identifying child labor violations, and their absence makes children more vulnerable to the worst forms of child labor. In addition, Saint Helena, Ascension, and Tristan da Cunha lacks legislation to criminally prohibit forced labor, debt bondage, slavery, and child trafficking.
Research found no evidence that child labor exists in Saint Helena, Ascension, and Tristan da Cunha. (1)
British Overseas Territories recognize the jurisdiction and sovereignty of the UK but are not constitutionally part of the UK. They are self-governing, except in the areas of foreign affairs and defense. (2) Domestic UK law does not generally apply unless explicitly extended to these territories. Saint Helena, Ascension, and Tristan 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; several Saint Helena laws also apply to Tristan da Cunha. (2-4) 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. (2,5) The following Conventions have been extended to and accepted by Saint Helena, Ascension, and Tristan 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 Governments of Saint Helena, Ascension, and Tristan da Cunha have each established laws and regulations related to child labor (Table 2). However, gaps exist in their legal framework to adequately protect children from the worst forms of child labor, including the prohibition of forced labor.
Standard | Meets International Standards | Age | Legislation |
---|---|---|---|
Minimum Age for Work | Yes | 16 | Sections 157B and 158 of the Welfare of Children Ordinance (Saint Helena and Tristan da Cunha) (4,6) |
Minimum Age for Hazardous Work | Yes | 18 | Sections 157A, 157B, and 158 of the Welfare of Children Ordinance (Saint Helena and Tristan da Cunha) (4,6) |
Identification of Hazardous Occupations or Activities Prohibited for Children | Yes | Section 157B of the Welfare of Children Ordinance (Saint Helena and Tristan da Cunha) (4,6) | |
Prohibition of Forced Labor | No | Sections 8 (Saint Helena), 125 (Ascension), and 190 (Tristan da Cunha) of the Constitution Order. (7) | |
Prohibition of Child Trafficking | No | Articles 57–60 of the Sexual Offenses Act (Saint Helena, Ascension, and Tristan da Cunha) (8) | |
Prohibition of Commercial Sexual Exploitation of Children | Yes | Articles 47–51 of the Sexual Offenses Act (Saint Helena, Ascension, and Tristan da Cunha); Sections 145, 147, 157A, and 157C of the Welfare of Children Ordinance (Saint Helena and Tristan da Cunha); Sections 48 and 50 of Ascension's Child Welfare Ordinance (Ascension) (4,6,8-10) | |
Prohibition of Using Children in Illicit Activities | Yes | Sections 157A and 157C of the Welfare of Children Ordinance (Saint Helena and Tristan da Cunha) (4,6) | |
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); Ascension Island Education Policy (Ascension); Section 3 of the Education By-Law (Tristan da Cunha) (11-13) |
Free Public Education | Yes | Sections 16 (Saint Helena), 132 (Ascension), and 198 (Tristan da Cunha) of the Constitution Order; Section 43 of the Education Ordinance (Saint Helena); Ascension Island Education Policy (Ascension) (7,11,12) |
* Country has no conscription (2)
† Country has no standing military (14)
Saint Helena, Ascension, and Tristan da Cunha are considered one territory, but they are each self-governing. (15) However, all three territories share a governor and attorney general. (16) In January 2022, the Government of Ascension enacted the Employment Ordinance prescribing conditions under which children may work, including acceptable work hours and types of work. The ordinance took effect on June 20, 2022. (1,17)
While Saint Helena and Tristan da Cunha meet the international standard for the minimum age for work, Ascension does not because it has set the minimum age for work at age 14, which is below the international standard of age 15. (4,6,17) Ascension allows children to work in part-time jobs that meet the criteria of light work laid out in the ordinance. Ascension also has Youth Trainee Agreements, which act as apprenticeships for children who leave school at age 14 and which serve as a continuation of their education. (1,17) Full-time employment can only be offered to those over the age of 18. (1) Furthermore, while Saint Helena and Tristan da Cunha have set their minimum age for hazardous work at age 18 and have identified hazardous occupations for children, Ascension has not set either a minimum age for hazardous work or developed a list of hazardous occupations for children. (4,6,9,10)
Saint Helena and Tristan da Cunha have a law against the use of children in illicit activities, but this law does not apply to Ascension. (4,6,10) The laws prohibiting forced labor in Saint Helena, Ascension, and Tristan da Cunha are also not sufficient because debt bondage and slavery are not criminally prohibited. (7,10) In addition, while the UK Sexual Offenses 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)
Saint Helena, Ascension, and Tristan da Cunha lacks a functioning labor inspectorate for the enforcement of labor laws and regulations. (1)
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.
For information about USDOL’s projects to address child labor around the world, visit https://www.dol.gov/agencies/ilab/ilab-project-page-search
Based on the reporting above, the following actions would advance the continued prevention of child labor in Saint Helena, Ascension, and Tristan da Cunha (Table 3).
Area | Suggested Action | Year(s) Suggested |
---|---|---|
Legal Framework | Ratify the UN CRC Optional Protocol on Armed Conflict. | 2020 – 2022 |
Ratify the UN CRC Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography. | 2020 – 2022 | |
Ratify the Palermo Protocol on Trafficking in Persons. | 2020 – 2022 | |
Ensure that Ascension's laws establish a minimum age for work of at least age 15. | 2022 | |
Ensure that Ascension establishes age 18 as the minimum age for hazardous work and identifies hazardous occupations and activities prohibited for children. | 2013 – 2022 | |
Ensure that forced labor, debt bondage, and slavery are criminally prohibited. | 2017 – 2022 | |
Ensure that the law criminally prohibits the trafficking of children for labor exploitation. | 2014 – 2022 | |
Ensure that the law criminally prohibits the use of children in illicit activities in Ascension. | 2015 – 2022 | |
Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups. | 2016 – 2022 | |
Enforcement | Establish a functioning labor inspectorate for the enforcement of labor laws and regulations, including laws pertaining to child labor. | 2021 – 2022 |
- U.S. Embassy- London. Reporting. February 14, 2023.
- U.S. Embassy- London official. E-mail communication to USDOL official. March 15, 2023.
- U.S. Embassy- London. Reporting. January 14, 2020.
- Government of Saint Helena. St Helena Laws Applied to Tristan da Cunha. April 2018.
https://www.sainthelena.gov.sh/wp-content/uploads/2018/04/Tristan-da-Cunha-Applied-SH-Laws-List-Updated-010418.pdf - ILO. Article 35: Application of Conventions to non-metropolitan territories. Accessed March 14, 2023.
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:55:0::NO::P55_TYPE,P55_LANG,P55_DOCUMENT,P55_NODE:KEY,en,ILOC,/Document/Chapters/Chapter/Article[@Number=35] - Government of Saint Helena. Welfare of Children Ordinance, 2008. Enacted: March 1, 2010; Amended December 20, 2017.
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, Ascension, and Tristan 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 Ascension Island. Child Welfare Ordinance, 2011. Enacted: October 18, 2011.
https://www.sainthelena.gov.sh/wp-content/uploads/2017/12/Child-Welfare-Ordinance.pdf - Government of Saint Helena. St Helena Laws Applied to Ascension. April 1, 2017.
https://www.sainthelena.gov.sh/wp-content/uploads/2020/08/Ascension-Applied-SH-Laws-List-Updated-200810.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 Ascension Island. Ascension Island Education Policy. Enacted: October 2010. Source on file.
- Tristan da Cunha Island Council. Education By-Laws. January 14, 2008.
https://www.sainthelena.gov.sh/wp-content/uploads/2021/01/Island-Council-TdaC-Ord-Updated-211220.pdf - CIA. The World Factbook: Saint Helena, Ascension, and Tristan da Cunha. Accessed March 14, 2023. Please see “Labor Law Enforcement: Sources and Definitions” in the Reference Materials section of this report.
https://www.cia.gov/the-world-factbook/countries/saint-helena-ascension-and-tristan-da-cunha/ - Government of Saint Helena. Laws of Tristan da Cunha. Accessed March 20, 2023.
https://www.sainthelena.gov.sh/government/legislation/laws-of-tristan-da-cunha/ - U.S. Embassy- London. Reporting. January 15, 2021.
- Government of Ascension Island. Employment Ordinance, 2022. Enacted June 20, 2022.
https://www.sainthelena.gov.sh/wp-content/uploads/2022/06/Employment-Ordinance-2022.pdf
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