Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Papua New Guinea (Ratification: 2000)

The Committee notes the communication of the International Trade Union Confederation (ITUC) of 31 August 2011 and the Government’s report.

Article 1 of the Convention and Part V of the report form. National plan of action and application of the Convention in practice. In its previous comments, the Committee had noted that the Government had developed a “White Paper on Decent Work and Poverty Alleviation” and a national action plan on decent work and poverty alleviation, which were presented at a national tripartite workshop on 23 March 2005 but upon which no consensus had been reached. The Committee had also noted the Government's information that Parliament adopted in 2004 the Informal Sector Control and Management Act, which allows for people to engage in informal businesses for their living.

The Committee notes the ITUC’s observations that child labour occurs in rural areas, usually in subsistence agriculture, and in urban areas in street vending, tourism and entertainment.

The Committee notes the Government’s statement that, following revisions to the “White Paper on Decent Work and Poverty Alleviation”, the Government endorsed the National Decent Work Policy in May 2010. Furthermore, the Committee notes that Papua New Guinea is one of the 11 countries that are part of a 2008–12 ILO–IPEC Time-bound Programme entitled “Tackling child labour through education” (TACKLE project), which contributes to the fight against child labour through its action programmes, research studies, legislative reviews and promotional programmes. Moreover, the Committee notes the Government’s information that, following the National Child Labour Forum of 26–28 July 2011, a draft National Plan of Action on Child Labour (NPA) has been formulated and is being circulated for inputs from all the relevant stakeholders. The draft NPA intends to address issues of legislation and policy, enforcement and monitoring, data and information on child labour, accessibility to education, social security, awareness-raising and advocacy, and networking and collaboration.

However, the Committee notes the Government’s statement that the Informal Sector Control and Management Act, while in place, is not appropriately regulated by the relevant bodies, such as the Department of Community Development and other management bodies. The Committee also notes the Government’s indication that statistics and data sourcing remains a major loophole in the country and that no concrete or reliable information can be used or seen as a guarantee of a true depiction of the national situation of child labour. The Committee strongly urges the Government to strengthen its efforts, within the framework of the National Decent Work Policy, the TACKLE project and the NPA, once adopted, to combat and progressively eliminate child labour in the country. In this regard, it requests the Government to take the necessary measures to ensure that the NPA is effectively adopted in the near future. It also urges the Government to take the necessary measures to ensure that the Informal Sector and Management Act is effectively regulated by the relevant bodies in order to monitor and combat child labour in the informal sector. It further requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Papua New Guinea is made available, including information on the number of children working below the minimum age and the nature, scope and trends of their work.

Article 2(1). Minimum age for admission to employment. The Committee had previously noted that, at the time of ratification, the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work within its territory. It had noted that, by virtue of sections 18 and 103(1) of the Employment Act, 1978, no person under the age of 16 years shall be employed. However, the Committee had noted that section 103(4) of the Employment Act provides that a child of 14 or 15 years may be employed during school hours if the employer is satisfied that the child is no longer attending school. The Committee had also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 and 14 years, respectively. It had reminded the Government that, by virtue of Article 2(1) of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation.

The Committee notes the Government’s statement that the Department of Labour and Industrial Relations has undertaken a review of the Employment Act and that, once reviewed and amended, this Act will cater to the minimum age requirement. In this regard, the Government indicates that the initial assessment of the Employment Act is currently being undertaken, which will set the foundation for the review of its provisions towards the end of 2011 and into 2012. The Government also indicates that the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), which Papua New Guinea is in the process of implementing, will provoke the amendment of the Minimum Age (Sea) Act, with particular focus on sections 6 and 7. Noting that the Government has been referring to the review of the Employment Act and the Minimum Age (Sea) Act for a number of years, the Committee urges the Government to ensure that the proposed amendments are adopted in the near future. In this regard, it expresses the hope that the amended provisions will be in conformity with Article 2(1) of the Convention.

Article 2(3). Age of completion of compulsory education. The Committee had previously noted that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. It had noted that the Education Department has developed a ten-year National Education Plan for 2005–15 (NEP) to enable more children to be in school.

The Committee notes the Government’s information that, given the fact that neither universal nor compulsory education is available in Papua New Guinea, it continues to make sure that a least a considerable number of school children complete basic education by increasing the number of secondary schools as well as technical and vocational training centres. In this regard, it notes the Government’s information that, by 2011, several outcomes have been reached through the implementation of the NEP, such as the establishment of a sufficient number of schools and the improvement of retention rates and of the quality of education, and that other outcomes would be implemented by 2014. The Committee also notes that the TACKLE project aims to contribute to poverty reduction by providing equitable access to basic education and skills development to the most disadvantaged sections of society.

The Committee notes, however, the Government’s indication that the major objective of the NEP with regard to basic education is to ensure that every 6-year-old child enters the Elementary Preparatory Grade by 2012 and completes three years of basic education, and that relevant, affordable and quality education is provided to selected grade 8 through grade 10 graduates. The Committee therefore observes that the NEP seems to only intend to make basic education compulsory until the age of 9. Moreover, the Committee notes that according to the ITUC, the gross primary enrolment rate is 55.2 per cent, only 68 per cent of these children remain at school at the age of 10, and less than 20 per cent of the country’s children attend secondary school. Furthermore, in its concluding observations of 30 July 2010, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about traditional attitudes that constitute obstacles to girls’ education and that the completion rate for girls is much lower than for boys. The CEDAW was also concerned that Papua New Guinea has not met its national targets for universal education and gender equality of the Millennium Development Goals (CEDAW/C/PNG/CO/3, paragraph 37). According to the UNESCO Education for All Global Monitoring Report of 2010, Papua New Guinea has a long way to go in order to achieve gender parity in primary education. Consequently, the Committee observes with concern that there remain a significant number of children under the minimum age of admission to work who are not attending school and, in this regard, it reminds the Government that it considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). Considering that compulsory education is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary measures, particularly within the framework of the NEP, to provide for compulsory education for boys and girls up to the minimum age of admission to employment of 16 years. The Committee requests the Government to provide information on the progress made in this regard.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted that the national legislation does not contain a determination of the types of hazardous work.

In this regard, the Committee notes the ITUC’s information that while it is prohibited for children younger than 16 years of age to perform hazardous work, night work and work in mines, there is no list of hazardous occupations in Papua New Guinea. The Committee once again reminds the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to take the necessary measures to ensure that the types of hazardous work are determined either by the national legislation or the competent authority, in accordance with Article 3(2), of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee had previously noted that certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years.

In this regard, the Committee notes the Government’s indication that the conditions of work for young people will be examined through the ongoing Employment Act review, which will be further deliberated by all national stakeholders in October and November 2011. It notes the Government’s statement that the legislation relating to occupational safety and health is also going to be reviewed in a way to ensure that hazardous work does not affect the health and safety of young workers. The Committee expresses the strong hope that the review of the Employment Act and of the legislation pertaining to occupational safety and health will be completed as soon as possible. It also hopes that the amendments made to the legislation will include provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity. It requests the Government to provide information on the progress made in this regard in its next report.

Article 7. Light work. The Committee had previously noted that section 103(2) of the Employment Act states that children between 11 and 16 years are admitted to employment, if the employer obtains a medical certificate of the child's fitness for that type of employment and written consent from their parent or guardian, provided that such employment: (a) is not prejudicial to attendance at school; and (b) is outside the hours prescribed for attendance at school. It had also noted that the Government was seeking ILO technical assistance in order to solve the inconsistency of the national legislation with Article 7 of the Convention, which specifies a minimum age of 13 to perform light work.

The Committee notes the Government’s statement that the review of the Employment Act will address the inconsistency of the section pertaining to the minimum age for light work with the Convention. The Committee expresses the hope that provisions of the Employment Act, once reviewed and amended, will ensure that the minimum age for light work is set at 13 and that children between the ages of 13 and 16 are only engaged in light work activities, in conformity with Article 7 of the Convention. It requests the Government to continue providing information on the progress made in this regard.

Article 9(3). Registers of employment. The Committee had previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of people under the age of 18 working for them. It had also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by people having command or charge of a vessel, which contains particulars such as the full name, date of birth and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee had requested the Government to take the necessary measures to ensure that, in conformity with Article 9(3) of the Convention, employers are obliged to keep registers that shall contain the names and ages or dates of birth, duly certified wherever possible, of people whom they employ or who work for them and who are less than 18 years of age.

The Committee notes the Government’s information that this issue will be addressed within the review of the Employment Act and the Minimum Age (Sea) Act. The Committee requests the Government to indicate the measures taken to ensure that the obligation of keeping a register extends to all people below the age of 18 years and to provide information with regard to the progress made in ensuring that the Employment Act and Minimum Age (Sea) Act are in conformity with Article 9(3) of the Convention.

The Committee urges the Government to strengthen its efforts to ensure that, during its review of the Employment Act and of the Minimum Age (Sea) Act, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention. It requests the Government to provide information on any progress made in the review of these Acts in its next report and invites the Government to consider seeking technical assistance from the ILO.

The Committee is raising other points in a request addressed directly to the Government.