Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Papua New Guinea (Ratification: 2000)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted that the Criminal Code only provided protection to girls trafficked for the purpose of sexual exploitation and that there appeared to be no provisions protecting boys or prohibiting the sale and trafficking of children for the purpose of labour exploitation. In this regard, it noted the Government’s indication that it was addressing this issue through the adoption of the People Smuggling and Trafficking in Persons Bill which would amend the Criminal Code to include a provision prohibiting human trafficking, including children under the age of 18 years, for labour and sexual exploitation. The Committee, therefore, urged the Government to take the necessary measures to ensure the adoption of the People Smuggling and Trafficking in Persons Bill, without delay.

The Committee notes with satisfaction that the People Smuggling and Trafficking in Persons Bill, which contains a specific provision prohibiting the sale and trafficking of all children for labour and sexual exploitation, has been enacted as the Criminal Code (Amendment) Act of 2013. The Committee notes that section 208C(2) of the Criminal Code (Amendment) Act of 2013 makes it an offence to recruit, transport, transfer, conceal, harbour or receive any person under the age of 18 years with the intention of subjecting them to exploitation. The penalties include imprisonment for a term not exceeding 25 years. The term “exploitation” as defined under section 208E includes prostitution or other forms of sexual exploitation, forced labour or services, and slavery and servitude. The Committee notes that according to a report entitled Transnational Organized Crime in the Pacific: A Threat assessment, 2016 by the United Nations Office on Drugs and Crime (UNODC report), Papua New Guinea is a key source and destination country for men, women and children trafficked for forced labour and sexual exploitation. The Committee requests the Government to take the necessary measures to ensure the effective implementation of the Criminal Code (Amendment) Act, in particular to ensure that thorough investigations and prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offences related to the trafficking of children under 18 years of age pursuant to section 208C(2) of the Criminal Code (Amendment) Act.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the national legislation does not specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs. It noted the Government’s indication that the offences related to the use, procuring or offering of a child for illicit activities would be dealt with in the People Smuggling and Trafficking in Persons Bill.

The Committee notes the Government’s statement that the offences related to the use, procuring or offering of a child for illicit activities are interpreted as slavery or practices similar to slavery and are severely penalized under section 208C(2) of the Criminal Code (Amendment) Act of 2013. The Committee, however, notes that section 208C(2) deals with offences related to trafficking in children and does not constitute a prohibition on the use, procuring or offering of a child for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs constitutes one of the worst forms of child labour and is therefore prohibited for children below 18 years of age. The Committee therefore urges the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It requests the Government to provide information on any measures taken in this regard.

Articles 3(d) and 4(1). Hazardous work and determination of these types of work. The Committee notes the Government’s information that one of the key activities identified for implementation under the recently adopted National Action Plan to Eliminate Child Labour 2017–20 is to formulate a list of types of hazardous work prohibited to children under the age of 18 years. With regard to the minimum age for admission to hazardous work and determination of types of hazardous work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (e). Taking into account the special situation of girls. 1. Child victims of prostitution. The Committee previously noted that, according to the findings of the rapid assessment conducted in Port Moresby an increasing number of girls were involved in prostitution. The most common age at which girls were engaged in prostitution was 15 years (34 per cent), while 41 per cent of the children were involved in prostitution before the age of 15 years. The survey report further indicated that girls as young as 10 years were also involved in prostitution. The Committee urged the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children, particularly girls under 18 years of age from prostitution, and provide for their rehabilitation and social integration.

The Committee notes with regret that the Government has not provided any information in this regard. The Committee notes from the UNODC report that children’s involvement in prostitution is substantially increasing in Papua New Guinea, and an estimated 19 per cent of the country’s labour market is comprised of child labourers many of whom are subject to prostitution and forced labour. The Committee once again expresses its deep concern at the prevalence of the prostitution of children in Papua New Guinea. The Committee therefore urges the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children, particularly girls under 18 years of age from prostitution, and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

2. “Adopted” children. In its previous comments, the Committee noted the observation of the International Trade Union Confederation (ITUC) that indebted families sometimes pay off their dues by sending children – usually girls – to their lenders for domestic servitude. The ITUC indicated that “adopted” children usually worked long hours, lacked freedom of mobility or medical treatment, and did not attend school. The Committee also noted the Government’s indication that the practice of “adoption” is a cultural tradition in Papua New Guinea. In this regard, the Committee noted the Government’s reference to the Lukautim Pikinini Act of 2009, which provided for the protection of children with special needs. The Committee requested the Government to take immediate and effective measures to ensure, in law and in practice, that “adopted” children under 18 years of age are not exploited under conditions equivalent to bonded labour or under hazardous conditions.

The Committee notes with regret that the Government report contains no information on this point. The Committee notes that Lukautim Pikinini Act of 2015, which repealed the Lukautim Pikinini Act of 2009, contains provisions to protect and promote the rights and well-being of all children, including children in need of protection and children with special needs who are vulnerable and subject to exploitation. This Act establishes penalties including imprisonment and fines to any person who causes or permits a child to be employed in hazardous conditions (section 54); or abuses, ill-treats or exploit children (section 78); or unlawfully subjects a child to a social or customary practice that is harmful to a child’s well-being (section 80). The Committee urges the Government to take immediate and effective measures, including through the effective implementation of the Lukautim Pikinini Act, to ensure, that “adopted” children under 18 years of age are not exploited under conditions equivalent to bonded labour or under hazardous conditions, taking account of the special situation of girls. It requests the Government to provide information on the measures taken in this regard and on the results achieved, including the number of children who have been prevented and withdrawn from such exploitative situations.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.