Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

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

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. It noted the Government’s indication that Papua New Guinea was embarking on a major legislative review and that issues such as gender and age would be at the forefront of this legislative review. The Committee further noted 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 and that men are trafficked to logging and mining camps for the purpose of forced labour. Moreover, the Committee noted 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.

The Committee notes the ITUC’s observation that there are no legislative provisions prohibiting the sale and trafficking of children for the purpose of labour exploitation.

In this regard, the Committee notes that the Government confirms that there are no legislative provisions prohibiting the sale and trafficking of children for the purpose of labour exploitation. The Government indicates that the current amendments to the Employment Act will help address issues of trafficking of both boys and girls. The Committee observes, however, that the Government has been referring to a legislative review for a number of years. It recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children for both labour and sexual exploitation, constitutes one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, all worst forms of child labour must be prohibited as a matter of urgency. In light of this situation, the Committee once again expresses its deep concern that comprehensive legislation prohibiting all forms of trafficking of both boys and girls has yet to be adopted. It also again expresses its concern regarding allegations of complicity by government officials in the trafficking of children. The Committee once again requests the Government to take the necessary measures, as a matter of urgency, to adopt legislation prohibiting the sale and trafficking of both boys and girls 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 (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. It noted the Government’s statement that 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 noted the Government’s statement that the use and procuring of children for illicit activities is slowly rising.

The Committee notes the ITUC’s allegation that the Dangerous Drugs Act 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 confirming that the current legislative reforms will prohibit the use, procuring and offering of children under the age of 18 for illicit activities, in particular for the production and trafficking of drugs. It observes, however, that the Government has been referring to these legislative reforms for a number of years. Recalling that, pursuant to Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency, the Committee once again urges the Government to take the necessary measures to ensure that provisions prohibiting this worst form of child labour are adopted as soon as possible, within the framework of the Employment Act review. It once again 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 Committee also noted the indication in the Government’s report that the conditions of work for young people would be examined through the ongoing Employment Act review. It further noted 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 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 notes the Government’s information that section 96 of the Lukautim Pikinini Act, adopted in 2009, relates to provisions on harmful child labour and provides that a person who permits a child to be engaged in employment in conditions that: (a) are likely to be hazardous to the child; or (b) are harmful to the health or physical, mental, spiritual or social development of the child, is guilty of an offence. However, the Committee notes that there appear to be no provisions determining the types of hazardous work prohibited to children under 18 years. The Committee once again urges the Government to take the necessary measures, within the context of the ongoing legislative review, to ensure that provisions which determine the types of hazardous work prohibited to children under 18 years of age 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. The Committee also noted 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 was poor due to a lack of resources and cultural acceptance of child labour.

The Committee notes the Government’s information that, during the Child Labour Forum of 26–28 July 2011, a draft National Plan of Action for the Elimination of Child Labour was elaborated. The Committee also notes the Government’s indication that, in the framework of the ILO–IPEC Time-bound Programme “Tackling child labour through education” (TACKLE project), many measures have been undertaken in order to combat child labour and its worst forms. Capacity-building workshops were conducted; three proposals for action programmes targeting the withdrawal and prevention of children in labour were discussed; child labour sensitization workshops were held at the University of Papua New Guinea; and child labour research was conducted in Port Moresby, with over 400 children participating. Moreover, the most recent study undertaken within the scope of the TACKLE project was conducted from December 2010 to February 2011 and pertained to street children and the commercial sexual exploitation of children in the national capital district of Papua New Guinea.

However, the Committee notes the Government’s information that the incidence of worst forms of child labour continues to rise in the country. The Government also indicates that child prostitution, child exploitation, and the use of children for illicit activities, including the trafficking of drugs, are also increasing at a fast rate. The Committee notes the Government’s information that several factors must be considered in the decision-making process to combat the worst forms of child labour, such as a greater collaboration between all stakeholders, the increase of enforcement and inspections in all industries, and awareness-raising in all media forms. The Committee, therefore, once again express 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 once again 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. The Committee also requests the Government to supply the results of the study on street children and commercial sexual exploitation of children and of the child labour research conducted in Port Moresby. To the extent possible, this information should be disaggregated by age and by sex.

Article 7(2). Effective and time-bound measures. Clause (e). Take account of the special situation of girls. 1. 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 a growing problem in both urban and rural areas. Moreover, the Committee also noted that the laws prohibiting prostitution were selectively or rarely enforced, even in cases involving children.

The Committee observes the Government’s information that it is implementing a National Action Plan against Commercial Sexual Exploitation of Children 2006–11 (NPA–CSEC). However, the Government does not provide any other information on measures taken to ensure the enforcement of laws prohibiting prostitution and to protect children under 18 from this worst form of child labour. The Committee once again 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 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. In this regard, it requests the Government to provide information on the number of child victims of prostitution who have benefited from the implementation of the NPA–CSEC. It also once again requests the Government to take the necessary measures to ensure that those responsible for the commercial sexual exploitation of children are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

2. “Adopted” children. The Committee previously noted that children who are informally adopted are sometimes trapped into situations characterized by long hours of work, lack of rest and leisure, lack of freedom of mobility, and a deprivation of the right to education and medical treatment. Young girls are particularly vulnerable to this and, when brought into a household as babysitters, their role is often transformed into overworked, unpaid or underpaid domestic servant. The Committee also noted the Government’s indication that the practice of “adoption” is a cultural tradition in Papua New Guinea. The Committee observed that these adopted girls often fell prey to exploitation, as it is difficult to monitor their working conditions, and it requested the Government to provide information on measures taken to protect these children. In this regard, the Committee noted the statement in the Government’s report that the work conducted by these adopted children will be taken into consideration during the Employment Act review.

The Committee notes the ITUC’s observations that indebted families sometimes pay off their dues by sending children – usually girls – to their lenders for domestic servitude. The ITUC indicates that “adopted” children usually work long hours, lack freedom of mobility or medical treatment, and do not attend school.

The Committee notes the Government’s information that the Lukautim Pikinini Act, adopted in 2009, provides for the protection of children with special needs. A person who has a child with special needs in his care but who is unable to provide the services required for the upbringing of a child may enter into a Special Needs Agreement with the Family Support Service. Under these agreements, financial assistance may be provided. According to section 41 of the Lukautim Pikinini Act, the definition of a “child with special needs” includes children who have been orphaned, displaced or traumatized as a result of natural disasters, conflicts or separation, or children who are vulnerable to violence, abuse or exploitation. However, the Committee must express its concern at the exploitation of “adopted” children under 18 years of age who are compelled to work under conditions similar to bonded labour or under hazardous conditions. The Committee requests the Government to take immediate and effective measures to ensure, in law and in practice, that “adopted” children under 18 years of age may not be exploited under conditions equivalent to bonded labour or under hazardous conditions, taking account of the special situation of girls. In this regard, the Committee requests the Government to provide information on whether “adopted” children will be protected from exploitation and hazardous work within the framework of the Employment Act review. The Committee also requests the Government to provide information on the number of “adopted” children engaged in exploitative and hazardous work who have benefited from Special Needs Agreements. Finally, it requests the Government to provide a copy of the Lukautim Pikinini Act of 2009.

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