Recommandation 84.42
153. Les politiques mentionnées (relatives au handicap, à l’éducation inclusive à l’égalité des sexes et à la promotion de la femme) ont été élaborées et lancées en 2017/2018, à l’exception de la politique relative au travail des enfants, qui reste à achever. Actuellement,
le Code des relations professionnelles et la loi sur la protection de l’enfance, de la jeunesse et de la famille régissent les cas signalés.
Recommandations 84.105 et 84.106
154. Kiribati a adhéré à la Convention relative aux droits des personnes handicapées en 2013. Comme approuvé par le Gouvernement, le Ministère de la femme, de la jeunesse, des sports et des affaires sociales octroie des allocations mensuelles d’invalidité. Des dispositions qui permettraient de mieux soutenir les droits des personnes handicapées continuent d’être étudiées. La nouvelle politique relative au handicap lancée en 2018 oriente les mesures prises en faveur des personnes handicapées.
155. Le Code national de la construction a été modifié pour y inclure la politique nationale relative au handicap. La politique d’éducation inclusive a été approuvée par le Parlement. En ce qui concerne la politique relative à l’emploi des personnes handicapées, elle est en cours d’élaboration et le retour de Te Toa Matoa est attendu afin que le Ministère du travail et du développement des ressources humaines puisse la valider et la soumettre au Parlement. Pour ce qui est des élections et de la vie publique, des politiques sont étudiées afin de promouvoir la participation des personnes handicapées aux élections nationales et à la vie politique. Une loi sur le handicap sera également étudiée afin de renforcer les mesures de protection sociale et de promouvoir les droits des personnes handicapées dans tous les domaines de la vie privée comme de la vie publique.
Recommandations 84.104 et 84.43
156. Kiribati a adhéré au Protocole facultatif se rapportant à la Convention relative aux droits des personnes handicapées en 2013. Le 24 septembre 2018, le Gouvernement kiribatien a adopté la politique nationale relative au handicap sur laquelle les ministères nationaux fonderont leur action. Un plan d’exécution qui, contribuera à garantir la pleine mise en œuvre de cette politique, mais doit encore être étudié et élaboré.
157. L’État n’a pas de politique relative au travail des enfants en vigueur. Toutefois, il dispose de projets de listes relatives aux travaux légers et aux travaux dangereux. Le Code des relations professionnelles porte aussi sur le travail des enfants.
Notes
1 Ministry of Health and Medical Services (MHMS), Ministry of Education (MOE), Ministry of Environment, Lands and Agriculture Development (MELAD), Ministry of Internal Affairs (MIA), Ministry of Women Youth Sports and Social Affairs (MWYSSA) representing also the NGO and CSO, Ministry of Employment and Human Resources (MEHR), Attorney General's Office (AGO), Ministry of Foreign Affairs and Immigration (MFAI), Office of the President (OB),Ministry of Infrastructure and Sustainable Energy (MISE).
2 Office of Te Beretitenti (OB), Ministry Women Youth Sports and Social Affairs (MWYSSA) (Women, Social Welfare, Disability, Ministry of Infrastructure and Sustainable Energy (MISE), Ministry of Foreign Affairs and Immigration (MFAI), Ministry of Environment and Agricultural Development (MELAD), Ministry of Employment and Human Resources (MEHR), Kiribati Police Services (Domestic Violence Services Office-DVSO, and Community Policing), Judiciary, Ministry of Health and Medical Services (MHMS) and Ministry of Education (MOE).
3 i) the GEF 6 STAR to support the Climate Change mitigation plan focusing on the renewable energy which is yet to be implemented, ii) Global Environment Fund (GEF)-Least Developed Countries Fund (LDCF) project to support enhancing the food security in the context of Climate change which is ongoing, iii) GEF - Operation Program 5 STAR (OP 5 STAR) which is a resilient Island, resilient communities project which will be implemented this year 2019. iv) Kiribati Outer Island Food and Water Program (KOIFAWP) - International Fund and Agriculture Development (IFAD) funded project to implement the water harvesting and gardening projects as climate change adaptation measures.
4 These include Kiribati climate change policy, Kiribati Joint Implementation Plan (KJIP), The National Framework for Climate Change and Climate Change Adaptation (NFCCCCA), the Whole of Island approach (WOIA), The National Energy Policy, The Kiribati Environment Implementation Plan (KEIP), and The National Disaster Risk Management Plan (NDRMP).
5 The Act has been reviewed and a bill passed (Sept 2019) for a revised Act to cover both disaster risk management and climate change adopting a whole of country approach, as the 'Disaster Risk Management and Climate Change Act'.
6 On-going UNW support to develop a National GBV Counselling Framework for completion in 2019.
Further, through the Essential Services Package (ESP) a joint program funded by Global Funds, services for women survivors of violence in Kiribati has been elevated to align with laws, policies and international best practices with Standard Operating Procedures (SOPs) developing and adopting a do-no-harm and human rights- based approach. For the health, UNFPA works with MHMS to support government in developing the SOPs and trainings.
7 Case management with both theoretical and practical aspects and the Specialist trainer also provides remote technical advice as needed. Further, UNICEF is providing a long-term child protection social welfare adviser (consultant) to be placed with the Social Welfare Division to provide coaching and mentoring support to social workers. Assistant Social Welfare Officers (ASWOs) received training in child protection, and in organized capacity building activities intended for them.
8 The WASH program of UNICEF for Health - Health Care Facilities - have assisted South Tarawa and some outer islands for example, Abaiang. The WASH focuses on hygiene and water. The project has assisted the clinics to have sustainable clean water systems applying local water technologies such as the Tamana Pump and a newer appropriate technology of Marakei Pump model. The WASH in schools supported by UNICEF has trials on-going in four outer islands focussing also on health and hygiene in schools supporting children to good health practices.
9 UNICEF's support has led to the passing of a new act on ECCE Act in 2017.
10 The ‘WASH Governance and DRR in Councils' project is implemented in 5 outer islands of Kiribati to promote healthy and resilient communities in all islands in Kiribati and upholding the rights of the children to healthy living.
11 Ten integrated Outer Island visits in 2016 allowed the program to concurrently conduct FP services, staff training and vasectomy procedures with MHMS personnel to work alongside strengthening services provided to both health staff and island communities. Eight vasectomy procedures were conducted with technical assistance from KFHA NSV expert as well as awareness provided promoting vasectomy targeting men and couples.
12 Refresher training with pre-test questionnaires and capturing of the MS1 form data at these respective Health Centres (HCs) with a revisit in 6-12 months’ time can provide an overview of how knowledge received and learned has increased their FP services to the HCs, number of new users and increase in CPR.
13 RMNCAH has supported increased visit to outer islands and this has also benefited the pharmacy department which was able to provide more accurate quarterly Rural Health Centres (RHCS) reports to UNFPA on consumption of RH commodities. The RMNCAH program also distributed 105 Family Planning Wheel to these 13 HCs in Tarawa following refresher training in November and December which was attended by 24 medical assistants and nurses from the Tarawa and Gilbert group.
14 Around 50 staff from Police, Social Welfare, Women Development Division, Catholic Crisis Centre (Our Lady of the Sacred Heart - OLSH), and others in the trainings has been supported by UN Women and other bilateral donors in the country.)
15 The preparation of CEDAW Report (2015, 2016, 2018), CRC Report in 2018 with technical and funding support of UNICEF (Child Protection), CRPD standalone Act (being planned by MWYSSA) to be supported by the UNESCAP, and others. The 2018 Kiribati Voluntary National Report (VNR) was developed funded by UNDP with technical support of UNDP consultants and local consultant working with National Economic Planning Office. The current UN Pacific Strategy (UNPS) aligned with the Sustainable Development Goal (SDGs) and KDP 2016-2019, have been the outcomes of consultations and collaboration with Government.
16 16 days activism and IWD are the widest sustained international campaign with country-wide participation. UN Women and DFAT continue to provide support these campaigns complementing annual budget allocated by Government.
17 A community-led approach for changing norms and behaviours in society towards power imbalances causing gender inequality. Both are funded by the Pacific Partnership Program of the EU, DFAT and UN Women.
18 An MOU was signed in Oct 2018 between MWYSSA and thirteen SAFENET Committee member organizations both from CSO/NGO and established community-based groups agreeing to the roles and responsibilities outlined in the MOU. Eight more will sign.
19 Through the SAFENET taskforce, case management review committee, annual events and campaigns such as the 16 days of activism, International Women's Day, Black Thursday, Youth Networks and partnerships supported by the ESP has grown. An MOU was signed in Oct 2018 with thirteen SAFENET Community member organizations agreeing to roles and responsibilities for survivors of violence in their communities. Eight other members have yet to sign.
20 Standard Operating Procedures (SOPs) and the GBV Police SOP for women and girls are aligned to the TRNTM Act (Family Peace Act – FPA) 2014 and to the international operating standards and best practice. The review and translation of the Bench Book of the Judiciary is on-going for the same purpose. The Health SOP is in its final stages of completing 1st Draft.
21 The Coalition of Atoll Nations (CANCC), the Climate Vulnerability Forum (CVF), the Pacific Island Forum Leaders Meeting (Tuvalu, 2019), the Micronesian President Summit (MPS). While the advocacy for Alliance Of Small Island States (AOSIS) and Small Island Development States (SIDS) is essential in international negotiations and international platforms, there is a need to further downscale and ramp up key messaging, concerns and issues from the Pacific Small Island Development States (PSIDS), a mechanism to coordinate key positions of the Pacific SIDS for advocating at international events.
22 Kiribati has established a climate finance division (CFD) in MFED as a first step to coordinate how to engage with relevant climate finance institutions: Green Climate Fund (GCF), Adaptation Fund (AF) and Commonwealth International Fund (CIF). The first GCF proposal: 24/7 Water supply for South Tarawa is being implemented. The CIF approved funding support towards the Solar Renewable Energy (SREP) Investment Plan (Renewable Energy and Energy Efficiency) and the Adaptation Fund project proposal is currently being steered by the CFD and the KNEG.
23 TRNTM Act criminalizes domestic violence in all its forms – physical, sexual,
verbal/emotional/psychological, and economic abuse. It provides for an offence of domestic violence and introduces protection orders and police safety orders; introduces preventive measures such as education and public awareness programs to reduce, prevent and eliminate violence; section 11 clarifies the application for protection orders — apart from the complainant, who can apply for a protection order on behalf of the complainant who is unable to apply due to injury or fear; section 14 is on the court power to make protection orders on satisfaction that the respondent has used domestic violence and it is necessary to protect the applicant, (child or any other member of the family living in the same household); types of protection orders (Emergency, Temporary, Final Order).
24 The Island Vulnerable Assessments (IVAs) is a tool for assessing vulnerabilities that incorporates key survey questions related to human rights, gender inclusivity and assesses the vulnerability of groups.
These vulnerability assessments inform key decision-making processes and has been used by island councils to inform the development of their island strategic plans (ISPs).
25 Trainings included: Coastal Vulnerability Mapping (EU GIZ ACSE project); Database management (SPC ISACC project); Project proposal writing (USAID Climate Ready); Project Management;
Monitoring and Evaluation (SPC ISACC).
26 The Code are included ensuring that regulations can be developed in the future for protection of child in the work place. The EIRC is developed to address employment conditions, labour migration policy, ILO convention ratified (8 fundamental conventions) including convention 138 on minimum wage convention 1993, convention 183 on worst forms of child labour 1999.
27 EIRC disallows discrimination on the basis of (a) ethnic origin, race, colour, national status, social origin, social class or economic class; (b) sex. pregnancy, marital status, sexual orientation or family responsibilities; (c) age, state of health, HIV/AIDS status or disability; (d) religion or political opinion; (e) trade union membership or activity; or (f) involvement in an employment dispute, an investigation or legal proceedings affecting the employer.
28 Interest Groups : Government, NGOs, Donors present in the country, established community groups, Disability Organization (Te Toa Matoa) and Women representations on the national women umbrella organisation the AMAK (Aia Maea Ainen Kiribati).
29 Lately, heavy rains and king tides coupled with sea level rise have become common disasters affecting the islands and the people for instance, in 2015 and 2018, Tamana and Arorae were the two most affected islands due to the passing of Tropical Cyclone Pam.
30 1) Institutional Strengthening - USAID Climate Ready and SPC ISACC project has supported the establishment and capacity development of the CFD under the MFED; 1a) Climate and Disaster Finance Assessment (supported by GIZ, PIFS and DFAT) which provides an assessment on the current climate change financing support being received by Kiribati; 2) Policy Direction - The government has provided 3 main priorities for climate change and which the CFD will engage further on with the GCF and other multilateral institutions : Water, Coastal Protection and Renewable Energy; 2a) KNEG activities through the implementation of the KJIP and the WOIA; 3) Technical support - Disaster Fund, Early warning systems, tide calendars, radio broadcasts for immediate events requiring support in light of sudden events especially during king-tide events.
31 Coastal protection measures and programmes such as the Climate Change Adaptation Project (CCAP); Kiribati Adaptation Programme 3rd Phase (KAPIII); the Disaster Fund (DF) managed by the OB supports all coastal protection through different means: seawall construction, sandbags provision, temporary relief measures, mangrove planting initiatives.
32 Abaiang now in its implementation phase, and Tabiteuea Meang, Teraina, Tabuaeran, Kiritimati, Nounouti, Abemama and Marakei, for which IVAs have been completed. Phase two of the WOIA is
development of Island Strategic Plans and for a number of Councils, Islands Strategic Plans (ISPs) are in place.
33 It requires that births are registered by the registrar for the district where the baby is born, or where found for those without proper information specifying also responsibility for child registration.
Registration of the birth is free until 12 months from birth after which registration is considered 'late' and an applicable charge applies for registration. Illegitimate children require a request in writing and signed by both the mother and the father acknowledging the child as his.
34 Form 4–6 Senior Secondary School levels.
35 An Early Childhood Education and Care Act 2017 provides for and regulate early childhood care and education services in Kiribati and for connected purposes. The Education Sector Strategic Plan (ESSP) 2016-2019 and the Education Policy were developed aligned to the Act. Education has in place a Child Protection Policy 2013 (recently reviewed in 2019) to ensure safeguarding and
promoting the well-being of children with all facilities and including schools, along with the Inclusive Education policy 2016, also reviewed in 2019. A recently adopted Education policy is the Child Safe Schools policy 2019 which upholds a zero-tolerance.
36 The Ministry integrated these international and regional aspirations into its national education priorities, aligning them with the Government of Kiribati Development Plan (2016–2019), in the Key Performance Area 1: Human Resources Development.
37 A Principal, teacher or supporting staff of the school who is found to give corporal punishment to any student is subject to a fine of $1000, or 6 months’ imprisonment.
38 A Child Protection Legislative Reform project with UNICEF was successfully achieved with the endorsement and enactment of both Children, Young Persons and Family Welfare Act (CYPFWA) in 2013 and Juvenile Justice Act in 2015. The CYPFWA encourages family wellbeing and protection of children against harmful treatments by parents, caretakers and others and decisions to be made in accordance with the principle that every child deserves to be cared for and protected by their family.
39 Judiciary Enabling Right project promotes awareness and legal education to women and youth groups to access to quality justice in Kiribati. The Kiribati Police Service also have ongoing activity to conduct awareness campaign once a month to communities and schools. The Community Policing are working with communities to promote peaceful living in the homes. The Police Standing Orders and Procedures (SOP) for GBV victims/survivors, under the ESP is planned for roll out to all islands. This will assure elevated police/legal service to the women and girls who are survivors of v A training manual has also been developed to assist with the planned roll out training on the new SOP to all islands of Kiribati.
40 The SAFENET membership in outer islands include front service providers such as the Police, Medical Assistant, Unimwane rep, Women's Rep, Youth Rep and the ASWO. Through it, cases are assured of successful completion and survivors assured of better care for them and their safety.
41 WEE trainings conducted in outer islands to build skills of women in business, handicraft making, gardening sewing, cooking.
42 A Gender Equality and Women Development Policy has been approved and adopted. An implementation plan for the policy is priority next step for realizing the expected outcomes of the policy. This is being considered for support by DFAT. For the need to mainstream gender in policies and laws, the National Disaster Act was consulted on for its review (Disaster Risk Management and Climate Change Act) to update and make it relevant, gender responsive and effectively relevant to people affected. Involvement of women representation on disaster committees is encouraged. A bill for the revised Act was recently passed by Parliament in September 2019.
43 A budget of $1.5m in 2019 for persons aged 65 and above (2,797 in 2019) payable on monthly basis.
School fee support budget of $56K in 2017–2019. A disability fund amounting $1.5m which started recently in September 2019 is also available for 2900 paid on monthly basis.
44 Through the Agriculture Division of MELAD, distribution of agriculture tools and seedlings is a practice to provide as incentive as well as support people on outer islands. Under the Kiribati Outer Island Food and Water Project (KOIFAWP) and LDCF projects, schools and water user groups in five islands have received agricultural hand tools shovel, spade, fork & wheelbarrow. Five islands had received the agricultural hand tools that distributed to Water user groups and the schools under the KOIFAWP and LDCF projects. Islands covered include Abemama, Nonouti, Tab North, Beru and Maiana.
45 A total of 1,557 received training on agricultural and livestock activities across seven islands namely Butaritari, Abaiang, North Tarawa, Kuria, Abemama, Tab South and Nikunau.
46 UNICEF has assisted schools in Kiribati to implement the Water and Sanitation Health (WASH) Program. The WASH Program promotes schools to have WASH facilities (toilets, water for hand washing and brushing of teeth) in schools. Enhancing the water, sanitation and hygiene (WASH) standards in the clinics in some islands, rehabilitated 22 WASH facilities; compliance to the National Infrastructure Standard, that all schools must have essential WASH facilities.
47 The Atoll Water and Sewerage Program (AWSP), Kiribati Adaptation Program (KAP) 3, Kiribati Water and Sanitation (KIRIWATSAN) II, Kiribati Outer Island Food and Water Project (KOIFAWP), South Tarawa Sewerage Improvement Program (STSISP), South Tarawa Water and Sanitation Project (STWSP), Water and Safety Health (WASH), are some of the water and sanitation projects (footnote these). Both Outer Islands and Urban population are benefiting from these projects for improved water and sanitation services.
48 National Water Committee and National Sanitation Committee and are responsible for overseeing and coordination of implementation of the policies and programs to ensure quality and standards are adhered to and that tests are done regularly.
49 The community mobilization team of STSISP worked closely with communities in Betio and Teinano areas on the proper use of toilets, simple hand-wash appropriate technology (tippy taps), conducting site visits, meetings with different communities and training of members. Through the work, communities were encouraged to have community toilets arrangements on maintaining the facility.
50 Total funds availed had been $291,254.85. for a total number of 14 blocks of 6 toilets each. These have assisted the 84 households living in the area. The project also provided rain water catchment and tanks for drinking water. In the Bairiki village settlement, toilets for 24 households were built through the support of the Mormon Church, costing $60,000.
51 RMNCAH program funded training of 2 participants – a midwife and the O&G specialist to attend the PEMNet – Pacific Emergency Maternal and Neonatal training in New Zealand in July 2016. The
51 RMNCAH program funded training of 2 participants – a midwife and the O&G specialist to attend the PEMNet – Pacific Emergency Maternal and Neonatal training in New Zealand in July 2016. The