Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Worst Forms of Child Labour Convention, 1999 (No. 182) - New Zealand (Ratification: 2001)

The Committee notes the Government’s report. It also notes the comments of the New Zealand Council of Trade Unions (NZCTU) and the Government’s response thereto.

Article 5 of the Convention. Monitoring mechanisms. 1. Child Labour Officials Advisory Committee (CLOAC). The Committee had previously noted the Government’s information that CLOAC which was established in 2001 to raise public awareness and understanding of ILO Convention No. 182 and to encourage initiatives to identify and eliminate the worst forms of child labour was replaced by the Children’s Employment Work Programme Advisory Group (CEWP Group), which will be led by the Department of Labour. It had also noted the Government’s indication that the CEWP Group will have a wider role than the CLOAC as it will cover children in all types of employment and that it will be in charge, among others, of overseeing the strengthening of child workers’ protection.

The Committee notes the NZCTU’s comments that the Ministry of Youth Development (MYD) which is currently in charge of dealing with child labour issues, including the worst forms, and which replaces the CEWP Group, has little knowledge of employment law, policy or legal issues related to young persons. Moreover, this transfer of work to the MYD has led to reduced consultations with the Council of Trade Unions (CTU) on child labour issues. The NZCTU is of the view that an inter-agency work group be established with the participation of the CTU and community advocates in order to deal with child labour issues.

The Committee notes the Government’s statement that the MYD prepares the reports for the United Nations Committee on the Rights of the Child in consultation with all government agencies and a standing advisory group. This inter-agency monitoring and reporting process covers many of the issues covered under Convention No. 182, in addition to child rights. Moreover, the interagency issues related to children and employment is addressed by the MYD in cooperation with the Department of Labour (DoL). It also states that the Department of Labour will continue implementing and developing programmes on promoting and protecting the employment rights of children and young people and will involve the CTU in these endeavours. 

2. Prostitution Law Review Committee. The Committee had previously noted that the Prostitution Law Review Committee (PLR Committee) was responsible for assessing the impact of the Prostitution Reform Act (PRA) on the number of persons working as sex workers in the country, and on any prescribed matters relating to sex workers or prostitution. The Committee notes the Government’s information that research to assess the impact of the PRA conducted by the Ministry of Justice and the Christchurch School of Medicine in 2006–07 revealed that under-age prostitutes made up 1.3 per cent of the total number of sex workers surveyed. The Committee also notes that, according to the research, the PRA did not have any impact on the number of people entering the sex industry. The PLR Committee observed that the PRA has raised awareness of the problem of under-age prostitution, which is a positive consequence. The Committee further notes the Government’s statement that in its review of the PRA, the PLR Committee recommended that a collaborative approach between the Police, the Ministry of Social Development (MSD), the MYD and relevant NGOs must be taken to assist at risk young people, with the MSD and MYD providing increased funding to community-based organizations working with children at risk. The Committee finally notes the Government’s indication that, as a part of implementing the provisions of the PRA, in 2008, the police carried out an operation which resulted in the arrest of 25 people, out of which three were charged with the offence of being involved in the prostitution of children under 18 years of age. Moreover, 16 young persons involved in street prostitution were removed from the streets and either reintegrated with their families or placed in the Child Youth and Family Services. 

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action to Prevent People Trafficking. The Committee notes the Government’s information that it has developed a National Plan of Action to Prevent People Trafficking which will be implemented after Cabinet approval in mid-2009. This Plan of Action provides an overarching framework for New Zealand’s anti-trafficking strategies and sets out short-, medium- and long-term goals and responsibilities for the enforcement agencies in combating human trafficking. It also notes the Government’s statement that training of the enforcement agencies including the DoL, the police and the customs has been undertaken to identify trafficking activities. The Committee requests the Government to provide further information on the implementation of the National Plan of Action to Prevent People Trafficking, and its impacts. It also requests the Government to provide information on the number of child victims of trafficking who have been identified by the DoL, police and the customs and rehabilitated.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to education. The Committee notes the NZCTU’s contention that fund cuts and lack of increased funding in the secondary, tertiary and community education sectors, under the Government’s budget in 2009, has brought about a number of changes in these institutions. According to the NZCTU the rising unemployment problem is encouraging young people to seek further training or education as an alternative for joblessness. Moreover, there is insufficient planning to support an estimated 2000 or more apprentices in the building and construction sectors alone who have lost their jobs and whose training is interrupted. Furthermore, fund cuts under the Government’s budget for 2009 have also affected the “Innovations Pool for students at Risk” and Adult and Community Education (ACE) which provide a transition to other forms of education for children who have not completed formal education. According to the NZCTU, these cuts are likely to reduce the accessibility of training and education for young people who drop out of secondary school because of bullying or other difficulties. The NZCTU further stresses the need to introduce anti‑bullying education in schools, with particular attention to homophobia and transphobia to reduce the behaviour that results in some children leaving school early.

The Committee notes the Government’s response that participation in tertiary education has increased rapidly and so has the cost of tertiary education. However, the Government is not prepared to sustain unlimited tertiary participation, but ensure the efficiency and effectiveness of the system and actively monitor the access of priority groups. It has also continued its commitment to industry training by maintaining funded places for 2010. The Government further states that it will announce a range of youth employment initiatives shortly, including the Youth Guarantee Scheme which will enable children of 16 years and above to access a range of free training opportunities, investment in tertiary education and maximizing the employment and training opportunities for youth. The Committee also notes the Government’s indication that trainees who had lost their jobs are now provided with the opportunity to continue their training for 12 weeks which would enable the Industry Training Organizations and Modern Apprenticeship Co-ordinators a greater opportunity to find new jobs for the trainees.

The Committee further notes the Government’s statement that the Innovations Pool and the ACE (which provides hobby courses such as art, music, craft, etc.) do not seem to be motivating nor effective or helpful for young people, which is evident from the small proportion of enrolment rates. According to the Government, this change in funds in these institutions were designed to retain community literacy courses, such as the Youth Guarantee Scheme that help young people to re-engage in learning and pursue qualifications that lead to employment and to function more effectively in a modern society. Finally, concerning the NZCTU’s comments about the high drop-out rates in secondary schools, the Committee notes the Government’s statement that it has amended the Education Act in 2008 to introduce increased penalties for non-enrolment and non-attendance at school of children of 6–16 years of age. It also notes the Government’s indication that it has introduced an electronic enrolment database (ENROL) within the education sector to identify children who are and who are not attending school. The ENROL is a key tool in protecting children of compulsory schooling age from entering child labour. The Committee requests the Government to provide information on the number of children who drop out of secondary school and on the number of children enrolled in the Innovations Pool and ACE. It also requests the Government to provide statistical information on the number of young people who have been provided access to tertiary education, training and employment opportunities pursuant to the implementation of the Youth Guarantee Scheme and other measures taken by the Government.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee had previously noted that the Government undertook various measures in implementing the National Plan of Action against the Commercial Sexual Exploitation of Children. It notes the Government’s information that, within the framework of this national plan, the Department of Internal Affairs has successfully completed a trial of its web site filtering programme aimed at blocking New Zealanders’ access to at least 7,000 web sites containing images of child sexual abuse. The Committee requests the Government to continue providing information on the measures taken within the National Plan of Action Against the Commercial Sexual Exploitation of Children and results achieved in terms of the number of children under the age of 18 years who have been withdrawn from commercial sexual exploitation and rehabilitated.

Clause (d). Children at special risk. 1. Children living in poverty. The Committee notes the NZCTU’s contention that poverty has been an issue for New Zealand for some years and, with the current recession, this issue is growing. According to a report by the NZ Christian Council for Social Services entitled “Vulnerability Report”, over 200,000 children in New Zealand are living in hardship and are vulnerable to unsafe or illicit work. The Committee notes the Government’s statement that a wide range of social assistance support is available for families at risk, including specific programmes in response to the economic downturn, like the Re-start programme for those who have lost their jobs. The Committee expresses concern at the high number of children living in hardship who are at risk of being engaged in the worst forms of child labour. It therefore requests the Government to take effective and time-bound measures to prevent these children from being engaged in the worst forms of child labour, and to provide information in this regard.

2. Runaways and homeless children. The Committee notes the NZCTU’s allegation that there are many young runaways and homeless children living on the streets who resort to prostitution, theft and drug trafficking. Homeless young women who have no night shelters or similar emergency accommodation sell sexual favours for basic needs. The NZCTU indicates that many young unemployed men have turned to prostitution. The current unemployment rate for young people is 20 per cent which is on the rise. The Committee notes the Government’s statement there is very little evidence of the number of homeless children living on the streets. Furthermore, reception centres under the Child, Youth and Family Services are available to protect homeless children. These centres provide safe, short-term accommodation for children in the youth justice system or in need of care and protection, and children picked up by the police. It also notes the Government’s information that, in 2008, 16 young people involved in street prostitution were removed from the streets and either reintegrated with their families or placed in the Child, Youth and Family Services. The Committee further notes the Government’s statement that education and vocational training are the best strategies to prevent young girls from entering the sex industry. The Committee reminds the Government that homeless children and runaway children who live on the streets are particularly exposed to the worst forms of child labour, and therefore requests it to take the necessary measures to protect these children living on the streets from the worst forms of child labour. It also requests the Government to provide information on the measures taken in this regard, in particular the educational and vocational training measures taken or envisaged for young girls in order to prevent them from becoming involved in prostitution. The Committee further requests the Government to continue providing information on the number of street children withdrawn and rehabilitated by the Child, Youth and Family Services.

3. Illegal migrants. The Committee notes the allegations made by the NZCTU that some illegal migrants, including under-age persons in the sex industry or the hospitality industry, are working in situations similar to forced labour. Moreover, community consultation by the Government in 2008 suggested that trafficking should be viewed as “the extreme end of a spectrum of exploitation of vulnerable migrant workers” and that measures should be taken to prevent exploitation across all industries and workplaces most likely to employ illegal workers, and that better enforcement of labour standards was needed to prevent exploitation of migrants and reduce incentives of people trafficking. The Committee notes with interest the Government’s statement that it has introduced an amendment to the Immigration Act, according to which illegal migrant children can apply for a Limited Purpose Permit (LPP) which will allow them to enrol at primary and secondary schools. The NZCTU considers this as a positive move from the Government but which would need more support to enable young people to participate. The Committee requests the Government to provide information on the number of illegal migrant children who have applied for a LPP and are enrolled in schools. It further requests the Government to provide information on any other measures taken or envisaged to protect illegal migrant children from the worst forms of child labour, in particular trafficking and commercial sexual exploitation.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that, during the period from January 2003 to December 2008, there were more than 145 charges for offences related to the possession and distribution of child pornography under the Films, Videos and Publication Classification Act of 1993. Of these, 57 resulted in penalties of imprisonment and 47 in fines. Moreover, as at 31 January 2009 a total of 120 charges were laid down under sections 20–22 of the Prostitution Reform Act of 2003. These included 35 cases under section 20 (assisting the prostitution of under 18s), 28 cases under section 21 (receiving earnings out of the prostitution of under 18s), and 42 cases under section 22 (contract for sex with under 18s). The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and, in particular, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.