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

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

The Committee notes the Government’s report and the comments made by Business New Zealand.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action to Prevent People Trafficking. The Committee previously noted the Government’s indication that it had developed a National Plan of Action to Prevent People Trafficking and it requested information on the implementation of this Plan.

The Committee notes the Government’s statement that the implementation of the National Plan of Action will mainstream human trafficking prevention and assistance into existing Government initiatives and programmes, and that each agency will be responsible for implementing particular action items. The Government also states that the overall monitoring and reporting of the implementation of the National Plan of Action will be undertaken by the Department of Labour with assistance from the Inter-agency Working Group on People Trafficking. The Government further states that this Working Group continues to coordinate efforts to implement training and awareness-raising measures to identify any potential victims of trafficking. The Committee notes the Government’s statement that it is aware that New Zealand remains at-risk of becoming a destination country for victims of trafficking, and recognizes that children are vulnerable to human trafficking. However, it also notes the Government’s statement that there have been no reported cases of human trafficking.

Article 7(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 previously noted the statement by the New Zealand Council of Trade Unions (NZCTU) that funding cuts and lack of increased funding in the secondary, tertiary and community education sectors had brought about a number of changes in these institutions. The Government stated that changes in funding 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. The Committee requested information on the number of young people who had been provided access to tertiary education, training and employment opportunities pursuant to the implementation of the Youth Guarantee Scheme as well as other measures taken by the Government.

The Committee notes the Government’s statement that the New Zealand education system supports free education to all New Zealand residents between the compulsory school attendance ages of six and 16, and that students are entitled to continue with free school-based education up to the age of 19. The Committee also notes the Government’s indication that the Youth Guarantee Scheme enables 16 and 17 year-olds to access a range of free training opportunities by providers beyond school, and that approximately 20 per cent of students in this age group were supported by this programme. The Committee also notes the statement from Business New Zealand that young persons at-risk of dropping out of school (or those not in education) have, through Trade Academies that partner with schools, the opportunity to reach level 2 of the National Certificate of Educational Achievement. Business New Zealand indicates that, under the Youth Guarantee Scheme, children aged 16 and 17 do not pay fees in this regard.

Commercial sexual exploitation. The Committee previously noted that within the framework of National Plan of Action against the Commercial Sexual Exploitation of Children, the Department of Internal Affairs had successfully completed a trial of its website filtering programme aimed at blocking New Zealanders’ access to at least 7,000 websites containing images of child sex abuse.

The Committee notes the Government’s statement that the Department of Internal Affairs continues to operate the Digital Child Exploitation Filtering System and that this System blocks over 350,000 requests for objectionable content (such as child pornography) a week. The Committee also notes the Government’s indication that it has introduced several initiatives to provide protection to children from pornography and online exploitation, such as the Online Child Exploitation Across New Zealand team established by the Police in 2009, which patrols the internet for offences related to grooming, and investigates the exploitation of children through the internet. The Government also states that it has joined the Virtual Global Taskforce, a group of international law enforcement departments working collaboratively to combat online child abuse and exploitation. In this regard, the Committee notes the comment from Business New Zealand that there is no known pornography industry in New Zealand, although it is likely that some persons in the country trade sexual images of children.

Clause (d). Children at special risk. Children living in poverty. The Committee previously noted 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. In this regard, the Committee noted the Government’s statement that a wide range of social assistance support measures were available for families at risk, including specific programmes in response to the economic downturn. The Committee expressed concern at the high number of children living in hardship who are at risk of being engaged in the worst forms of child labour.

The Committee notes the Government’s statement that New Zealand law and practice provide adequate protection for children and young persons. However, the Committee also notes that the Committee on the Rights of the Child, in its concluding observations of 11 April 2011, while noting that the extent of child poverty has declined in recent years, expressed its concern that approximately 20 per cent of children in New Zealand are living under the poverty line (CRC/C/NZL/CO/3-4 paragraph 43). The Committee, therefore, encourages the Government to take effective and time-bound measures to prevent children living in poverty from being engaged in the worst forms of child labour, and to provide information on the measures taken in this regard.

Runaways and homeless children. The Committee previously noted 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. The NZCTU indicated that homeless young women who have no night shelters or similar emergency accommodation sell sexual favours for basic need. The Committee also noted the Government’s indication that reception centres under the Child, Youth and Family Services provided safe, short-term accommodation for children in need of care. It noted 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 requested the Government to continue providing information in this regard.

The Committee notes the Government’s statement that statistics on the number of street children withdrawn and rehabilitated by the Child, Youth and Family Services were collected for a fixed-term project, and that statistics for a new time period are not available. The Committee also notes the statement from Business New Zealand that there is little evidence of children in New Zealand living on the streets, and that every attempt is made to rehabilitate any young persons found to be engaged in prostitution. In this regard, the Committee notes the information in the Government’s report that the city of Christchurch has a planned approach to dealing with underage prostitution by working collaboratively with the Police and the Youth Cultural Development (an NGO). The Government indicates that regular inter-departmental meetings are held to discuss cases and do joint planning. The Youth Cultural Development specialises in providing effective intervention services to young women, and staff from this NGO work directly with teenage women living in a dedicated shelter that provides a safe and secure environment for young women. The Government states that this model has proved to be effective in stabilising young women and reducing the rate of return to commercial sex work on the streets.

Illegal migrants. The Committee previously noted 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 held 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. The Committee also noted the Government’s indication that it had 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 considered this as a positive move from the Government but which would need more support to enable young people to participate. The Committee requested information on the number of illegal migrant children who have applied for a LPP and are enrolled in schools.

The Committee takes due note of the Government’s statement that, as of 29 November 2010, the Immigration Act 2009 removed the penalty provision which made it illegal for principals to enrol a child who was unlawfully in the country without an LPP. This has resulted in the extension of the right of long stay unlawful immigrants who are residents of New Zealand to enrol their children in state schools. The Committee notes that such children are not long differentiated from other students in state schools, and therefore, data on this subject is no long collected.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that, during the period from January 2003 to December 2008, offences committed relating to the possession and distribution of child pornography under the Films, Videos and Publication Classification Act of 1993 resulted in 57 penalties of imprisonment and in 47 fines. The Committee also noted that, as of 31 January 2009, a total of 120 charges were laid down under sections 20–22 of the Prostitution Reform Act of 2003. The Committee requested the Government to continue providing information on the nature, extent and trends of the worst forms of child labour.

The Committee notes that, between 1 January 2009 and 3 March 2011, 25 persons were sentenced to prison for offences related to the possession and/or distribution of child sexual abuse images. The Committee also notes that between June 2009 and January 2010, two persons were charged with causing, assisting, facilitating, or encouraging the prostitution of a person under 18 years of age (pursuant to section 20 of the Prostitution Reform Act of 2003), and one person charged with contracting for commercial sexual services from, or being a client of, a person under 18 years (pursuant to section 22 of the Prostitution Reform Act of 2003). The Committee also notes the statement of Business New Zealand that under age prostitution is illegal in New Zealand and that clients and procurers are prosecuted in this regard.