Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Cook Islands (Ratification: 2018)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes the information provided by the Government in its report, indicating that no information has been received concerning investigations and prosecutions carried out, or sanctions imposed under section 1091 of the Crimes Amendment Act of 2004, which criminalizes the trafficking of children. Noting the absence of information on the application in practice of section 1091 of the Crimes Amendment Act of 2004 regarding the trafficking of children, the Committee once again requests the Government to provide information on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. Prostitution. The Committee notes from the Government’s information that section 162 of the Crimes Act of 1969 was amended on 1 June 2023 by section 10 of the Crimes (Sexual Offences) Amendment Act 2023. The Committee notes that, according to the amended section 162, any person who, for gain or reward, procures or offers to procure another person to have a sexual connection with anyone is liable to a term of imprisonment not exceeding five years. The Committee requests the Government to provide information on the application in practice of section 10 of the Crimes (Sexual Offences) Amendment Act 2023, including the number of investigations, prosecutions, convictions and penalties imposed for the offences related to the use, procuring or offering of persons under 18 years for the purpose of prostitution.

Pornography. Following its previous comments, the Committee notes the Government’s indication that sections 135 and 138 of the Crimes Act 1969 do not adequately cover offences related to pornographic material and online pornography. The Government also indicates that sections 136 and 137 of the Crimes Bill of 2017 were not enacted, nor included in the adopted Crimes (Sexual Offences) Amendment Act of 2023. The Government further indicates that cybersecurity legislation is currently under preparation and is expected to result in consequential amendments to the Crimes Act of 1969, with a view to criminalizing online pornography involving children. The Committee expresses the hope that, as part of these amendments, measures will be taken to expressly prohibit and penalize the use, procuring, or offering of persons under 18 years for the production of pornography or for pornographic performances. It requests the Government to continue to provide information in this regard.

Clause (d) and Article 4. Hazardous work and determination of hazardous work. Following its previous comments, the Committee notes the Government’s indication that no regulation has been adopted prescribing dangerous machinery and hazardous occupation prohibited to children under 18 years of age, as foreseen under section 73(6) of the Employment Act of 2012. The Committee recalls that, according to Article 4(1) of the Convention, the types of work considered as hazardous are to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No.190). The Committee requests the Government to take the necessary measures to adopt, pursuant to section 73(6) of the Employment Act, 2012, a regulation determining the types of hazardous work prohibited for persons under the age of 18 years, after consultation with the employers’ and workers’ organizations concerned. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms and application of the Convention in practice. The Committee notes the Government’s information that no violations have been detected relating to the worst forms of child labour. It also notes that the Labour Inspectorate of the Ministry of Internal Affairs carries out awareness-raising activities concerning young workers during inspections, in accordance with section 30 of the Employment Relations Act 2012.

Article 6. Programmes of action. Following its previous comments, the Committee notes the Government’s statement that information regarding this point will be provided in due course. In this regard, the Committee recalls that, by virtue of Article 6 (1) of the Convention, each Member shall design and implement programmes of action to eliminate, as a priority the worst forms of child labour. In accordance with Article 6 (2), such programmes of action shall be designed and implemented in consultation with workers’ and employers’ organizations, and taking into account the views of other concerned groups. The Committee requests the Government to provide information on the measures taken to adopt and implement programmes of action to prevent the worst forms of child labour, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups. It requests the Government to provide information on any progress made in this regard.