Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Papouasie-Nouvelle-Guinée (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted that, with respect to trafficking, the Criminal Code only provided protection to girls trafficked for the purpose of sexual exploitation. The Committee observed that there did not appear to be any similar provisions protecting boys or prohibiting the sale and trafficking of children for the purpose of labour exploitation. The Government indicated that Papua New Guinea was embarking on a major legislative review and that the issues of gender and age would be at the forefront of that review.

The Committee notes the information in the Government’s report that the legislative review will commence shortly. The Committee also notes the statement by the Government in its report to the Committee on the Elimination of Discrimination Against Women (CEDAW) of 22 May 2009 that, although the current legislation provides some protection against the trafficking of women, compliance is partial because penalties are low and corroboration is required placing an unreasonable burden on victims (CEDAW/C/PNG/3, page 54). The Committee further notes the indication in a report on trafficking in persons in Papua New Guinea, available at the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that trafficking is a significant problem in the country. The Trafficking Report also indicates that women and children are trafficked within the country for the purpose of commercial sexual exploitation and domestic servitude and that women and children from China, Malaysia, the Philippines and Thailand are trafficked to Papua New Guinea for forced prostitution. Men are trafficked to logging and mining camps for the purpose of forced labour. This report further indicates that Government officials facilitate trafficking by accepting bribes to allow illegal migrants to enter the country or by ignoring victims forced into prostitution or labour.

In light of this situation, the Committee expresses its deep concern that comprehensive legislation prohibiting all forms of trafficking of both boys and girls has yet to be adopted. It also expresses its concern regarding allegations of complicity by government officials in the trafficking of children. It urges the Government to take the necessary measures, as matter of urgency, to adopt legislation prohibiting the sale and trafficking of all persons under 18, for the purposes of labour and sexual exploitation. The Committee also urges the Government to redouble its efforts to ensure that perpetrators of human trafficking, and complicit government officials, are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to provide information in its next report on progress made in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, or for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes with satisfaction that section 229K of the Criminal Code, as amended by the Criminal Code (Sexual Offences and Crimes Against Children Act) of 2003, prohibits inviting, persuading or inducing a child to engage in prostitution, in addition to prohibiting participating as a client in an act of child prostitution. The Committee also notes that pursuant to section 229J of the Criminal Code, a child is defined in this section as a person under the age of 18 years and that child prostitution is defined as the provision of any sexual service by a person under the age of 18 years for financial or other reward, whether paid to the child or some other person.

Following its previous comments, the Committee notes with interest that section 229R of the Criminal Code prohibits using, procuring or causing a child to be used for the production of child pornography. Section 229S of the Criminal Code also prohibits producing, distributing, publishing, selling, importing or exporting child pornography. Lastly, the Committee notes that section 229J defines child pornography as any photographic, film, video or other visual representation showing a person who is (or who is depicted as being) under the age of 18 years and is engaged in, or is depicted as being engaged in, sexual activity.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that the relevant legislation does not specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs.

The Committee notes the Government’s statement the Department of Labour and Industrial Relations undertook, as part of the review process of the Employment Act, a scoping mission of the Employment Act, which concluded that where other legislation does not adequately address the worst forms of child labour, it is appropriate to fill these gaps through the Employment Act. The Committee also notes the Government’s statement that the use and procuring of children for illicit activities is slowly rising. Recalling that, pursuant to Article 3(c) of the Convention, the use, procuring or offering of a child for the purpose of illicit activities is one of the worst forms of child labour, and that pursuant to Article 1, member States must take immediate and effective measures to secure the elimination of these worst forms of as a matter of urgency, the Committee urges the Government to take the necessary measures to ensure that provisions prohibiting this worst form of child labour are adopted in the near future, within the framework of the Employment Act review. It requests the Government to provide information on progress made in this regard, and to provide a copy of the relevant legislation, once adopted.

Articles 3(d) and 4(1). Hazardous work and determination of these types of work. In its previous comments, the Committee noted that the legislation prohibits hazardous work, night work and work in mines for persons under 16 years of age. It also noted that apart from a definition of “heavy labour”, the national legislation did not determine the types of hazardous work that were prohibited for children under 18 years of age. The Government indicated that a National Child Rights Monitoring Committee was established to examine issues affecting children, including the minimum age and working in hazardous environments. The Committee further noted the Government’s indication that the review of the occupational safety and health legislation would begin in 2008 and address issues pertaining to hazardous work and determination of hazardous work.

The Committee notes the information in the Government’s report that the Department of Labour and Industrial Relations will be following up with the National Child Rights Monitoring Committee on this topic. The Committee also notes the indication in the Government’s report that the conditions of work for young people will be examined through the ongoing Employment Act review. It further notes the Government’s statement that the review of the occupational health and safety related legislation has yet to begin, although the Government is in the process of consulting with the Government of Fiji for assistance in the process of the legislative review. The Committee urges the Government to take the necessary measures, within the context of the ongoing legislative review, to ensure that provisions which prohibit children under the age of 18 years from performing hazardous work, and which determine these types of hazardous work, are adopted in the near future, after consultation with the social partners. It requests the Government to provide information on progress made to this end and to provide a copy of the new legislation, once it has been adopted.

Article 5 of the Convention and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. The Committee previously noted the Government’s indication that there were gaps and loopholes in the existing structures and monitoring mechanisms with regard to child trafficking, prostitution and children’s involvement in illicit activities. Given this indication, the Committee expressed the hope that the Government would conduct a child labour survey to determine the magnitude of the worst forms of child labour and requested the Government to provide this information when available.

The Committee notes the Government’s statement that the worst forms of child labour are rising in the country due to, inter alia, growth in the mining and agriculture sectors, the increasing cost of living, the breakdown of basic infrastructure and the increasing difficulties with regard to law and order. The Government identifies several steps necessary to address this growing problem: better collaboration between various decision-making actors, the strengthening of legislation regarding children’s issues and the improved enforcement of legislation through inspections. The Committee also notes the statement in the report on the worst forms of child labour in Papua New Guinea available at the website of the Office of the High Commissioner for Refugees (www.unhcr.org) that, while the Department of Police and the Department of Labour and Industrial Relations are responsible for implementing and enforcing child labour laws, enforcement by these departments is poor due to a lack of resources and cultural acceptance of child labour. The Committee expresses its concern at the increasing incidence of the worst forms of child labour in the country, and at the weak monitoring mechanisms for the prevention of this phenomenon. It urges the Government to take the necessary measures, including through the allocation of additional resources, to strengthen the capacity of the Department of Police and the Department of Labour and Industrial Relations in terms of monitoring and combating the worst forms of child labour. It requests the Government to provide information on the measures taken in this respect and on the results achieved. Lastly, the Committee urges the Government to take the necessary measures to ensure that sufficient data on the prevalence of the worst forms of child labour in Papua New Guinea is available, by conducting a child labour survey.

Article 7(2). Effective and time-bound measures. Clause (e). Take account of the special situation of girls. Child victims of prostitution. The Committee previously noted the Government’s indication that the number of girls (some as young as 13) engaging in prostitution as a means of survival was rising in urban centres of the country. It also noted the Government’s indication that it was not doing enough to protect and safeguard victims of prostitution, and that only churches and civil society organizations were providing rehabilitation programmes.

The Committee notes the Government’s statement that prostitution is a growing problem in both urban and rural areas. The Committee also notes the Government’s indication that UNICEF conducted studies on this subject, which will be used to develop approaches for removing children from this worst form of child labour. The Committee further notes the Government’s indication that measures will be taken within the framework of the ILO–IPEC Time-bound Programme entitled “Tackling child labour through education” (TACKLE project), and that the Department of Labour and Industrial Relations will coordinate with other institutions to provide the necessary assistance to these children, in addition to seeking tougher penalties for perpetrators.

The Committee notes the information in the Government’s report to CEDAW of 22 May 2009, from a recent study on sex workers, that the median age for highway-based prostitutes was 16 years of age, and the median age for non-highway-based prostitutes was 17 years of age (CEDAW/C/PNG/3, page 52). The Committee also notes the indication in the Trafficking Report that the laws prohibiting prostitution are selectively or rarely enforced, even in cases involving children. The Committee expresses its concern at the prevalence of the commercial sexual exploitation of children in Papua New Guinea and urges the Government to take effective and time-bound measures, within the framework of the TACKLE project, to provide the necessary and appropriate direct assistance to persons under 18 to remove them from this worst form, and provide for their rehabilitation and social integration. It also requests the Government to take the necessary measures to ensure that those responsible for the commercial sexual exploitation of children are prosecuted and punished with sufficiently effective and dissuasive penalties.

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